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02 Apr 2020

I have been working in H1B for a number of years, have paid my taxes, and contributed to this country. Is it true that, despite all this, I still am not eligible for the COVID-19 stimulus payment? This seems entirely unfair!

Answer It actually is not entirely clear whether you will be eligible for the stimulus check. The Coronavirus Aid, Relief, and Economic Security (CARES) Act, which was signed into law last week, excludes "any nonresident alien individual …." Many news outlets have reported that this means...

09:55 / FAQs / For Individuals / Resident / Worker
02 Apr 2020

I have had a green card for a number of years and am in the process of applying for U.S. citizenship. I was recently laid off. Will this impact my naturalization application? Does it matter if I take unemployment benefits?

Answer Ordinarily, being laid off would not impact one's naturalization application. Similarly, applying for unemployment benefits typically would not have any impact on an application for U.S. citizenship. (02.Apr.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online...

09:50 / Citizen / FAQs / For Individuals / Resident / Worker
02 Apr 2020

My company submitted an H1B registration for me. We just received a notice saying the registration was denied because of a duplicate filing. However, my employer insists they only submitted one registration on my behalf. What should I do?

Answer The American Immigration Lawyers Association reports that there appears to be an issue in the H1B registration system that resulted in some registrations being incorrectly denied as duplicate registrations. Given that the lottery has already taken place, it is not clear whether the USCIS will...

09:47 / FAQs / For Employers / For Individuals / Worker
26 Mar 2020

I do not currently have health insurance. In my state, they are offering Coronavirus testing at no cost. If I get tested, will it create public charge issues for me?

Answer In order to encourage testing and treatment of COVID-19, the USCIS is waiving all public charge considerations directly related to this virus. Per the announcement, "USCIS will neither consider testing, treatment, nor preventative care (including vaccines, if a vaccine becomes available) related to COVID-19 as...

09:07 / FAQs / For Families / For Individuals
26 Mar 2020

My employer’s business has closed because of the outbreak, and I have been laid off from my H1B position. I do not wish to return to India right now, because of health concerns. Do I have any options to remain in the U.S.?

Answer Assuming your I-94 is still valid, you likely are eligible for a 60-day grace period (or until the end of your I-94 period, whichever comes first). If you need to stay in the U.S. beyond that point, you may be able to apply for a...

09:02 / FAQs / For Individuals / Worker
19 Mar 2020

I heard that the USCIS shut down its field offices. Will this impact my pending H1B extension? What about my wife’s H-4 application?

Answer For the time being, the USCIS service centers are still in operation. This means that many types of applications and petitions, including H1B petitions, should continue to be processed. However, biometrics appointments are on hold. Therefore, if your wife has not yet had her biometrics...

08:06 / FAQs / For Families / For Individuals / Nonimmigrant Family / Worker
19 Mar 2020

I am in H-4 status. I was working for a company, but was just laid off due to the Coronavirus. Am I eligible to collect unemployment? Would that make me a public charge?

Answer Unemployment benefits generally are not taken into consideration for public charge purposes. However, you would need to check with your state's unemployment agency to see if you qualify for this benefit. (18.Mar.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information...

07:56 / FAQs / For Families / For Individuals / Nonimmigrant Family / Worker
19 Mar 2020

My elderly father entered on a visitor visa about five months ago, and his I-94 is scheduled to expire in about 1 month. I do not think he should travel right now because of the COVID-19 outbreak. Can he extend his stay?

Answer Generally speaking, a person in valid B-1/B-2 status may apply for an extension of stay. Under normal circumstances, the USCIS is often reluctant to approve such applications, as this visa category is generally intended for relatively short trips for business and/or pleasure. However, the USCIS...

07:51 / FAQs / For Families / For Individuals / Nonimmigrant Family / Travel / Visitor
12 Mar 2020

I am in H1B status, but my wife is finishing school in India. She has a B-1/B-2 visa in her passport. Can she use this to visit me? Or does she need to get an H-4 visa?

Answer Normally, if a person has a valid B-1/B-2 visa, she could use this to request admission in order to visit her H1B spouse in the U.S. (11.Mar.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services,...

09:23 / FAQs / For Families / For Individuals / Nonimmigrant Family / Travel / Worker