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30 Apr 2020

I have a green card and went to India in Nov ’19, planning on spending about five months with my family. But, with the ongoing outbreak, it seems I will be here for more than six months. Will this put my green card in jeopardy?

Answer Depending on the circumstances, if a lawful permanent resident, or "green card holder," takes an extended trip abroad, this can be interpreted to mean that the person has abandoned his or her residency in the United States. There is a presumption of abandonment when one...

09:28 / FAQs / For Individuals / Resident / Travel
23 Apr 2020

I have an approved I-140 through my employer. However, I was recently laid off, and I fear the company my close entirely. If it does, will this impact my I-140?

Answer If the company closes, the beneficiary of an approved I-140 normally still would be able to retain the priority date. Further, unless the employer withdraws the I-140 within fewer than 180 days of its having been approved, it normally still can be used for purposes...

13:56 / Employment Based / FAQs / For Individuals / Resident / Worker
23 Apr 2020

My H1B extension was recently denied, and my I-94 has already expired. I am unable to leave the U.S. right now due to the pandemic. Is there any grace period being offered because of COVID-19?

Answer Unfortunately, the USCIS has not offered any additional grace periods based on the pandemic. It is possible to apply for a change to B-2 status nunc pro tunc, which is a discretionary benefit that the USCIS can grant. Please see the MurthyDotCom NewsBrief, B-2 Option...

13:52 / FAQs / For Individuals / Homeland Security / Worker
23 Apr 2020

My wife applied for an H-4 EAD several months ago, and the application is still pending. If the pandemic slows processing times, will she be permitted to keep working after her EAD expires?

Answer No, one cannot work based on a pending H-4 EAD renewal application. The USCIS has not changed this rule based on the COVID-19 outbreak. (23.Apr.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here....

13:48 / Employment Based / FAQs / For Families / For Individuals / Homeland Security / Nonimmigrant Family / Resident / Worker
16 Apr 2020

I am in H1B status and have a Social Security Number; my wife is in H-4 status and has an ITIN. We filed U.S. taxes jointly last year. Do we qualify for the stimulus check?

Answer - Updated 17.Apr.2020 We previously indicated that if taxes were filed jointly, where one spouse had a Social Security Number and the other had an ITIN, this should not prevent the spouse with an SSN from receiving the stimulus tax rebate. However, the IRS has...

07:58 / FAQs / For Families / For Individuals / Nonimmigrant Family / Worker
16 Apr 2020

My H1B registration was selected in this year’s lottery. However, when my employer submitted the registration for me, they misspelled my name. Can I get this corrected?

Answer It does not appear to be possible to correct a registration at this point. The recommendation at this stage typically would be to file the petition with the correct information. Assuming the error in the registration was relatively minor (e.g., a minor typo in the...

07:54 / FAQs / For Employers / For Individuals / Worker
16 Apr 2020

Earlier this week, the USCIS posted on its website an announcement about delays in extension / change of status filings. The announcement also talks about the ability to file late. Does this provide any protections to H1B workers who are laid off?

Answer This announcement by the USCIS is not a new policy, or any type of new benefit for foreign nationals in the U.S. It is merely pointing to provisions that already exist in the law. There has been a push to get the USCIS to provide...

07:49 / FAQs / For Individuals / USCIS News / Worker
09 Apr 2020

I am a British citizen, and entered the U.S. using ESTA. My I-94 was issued through the end of April, but now it appears I may be stuck in the U.S. for a bit longer due to the epidemic. Can I extend my stay?

Answer Ordinarily, a person admitted via ESTA is limited to 90 days in the U.S., without the ability to extend or change status. However, under these unprecedented circumstances, there are some options. First, U.S. Customs and Border Protection (CBP) has advised that people admitted via ESTA...

08:23 / FAQs / For Families / For Individuals / Nonimmigrant Family / Travel
09 Apr 2020

Two different companies submitted registrations on my behalf, and both were selected. The two companies are unrelated, and neither one knows about the other. Is it a problem if both employers file H1B petitions for me? I will then decide which company to join, depending on whether one or both are approved.

Answer Generally speaking, from an immigration law perspective, having H1B petitions filed by two different employers is permissible. (09.Apr.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here. Copyright © 2020, MURTHY...

08:19 / FAQs / For Individuals / Worker
09 Apr 2020

My mother’s B-2 I-94 is about to expire, and she would like to apply for an extension of stay because of COVID-19. She does not know how long she will have to stay, so she has not yet purchased a new return ticket home. Is a return ticket required to apply for an extension of B-2?

Answer A return ticket is not required to apply for a B-2 extension. It can be helpful in many circumstances; but, given the COVID-19 outbreak, it seems unlikely the USCIS will make an issue of this. (09.Apr.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies...

08:16 / FAQs / For Families / For Individuals / Nonimmigrant Family / Travel / Visitor