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04 Mar 2021

I am working in H1B status, and I enjoy writing short stories in my free time. Is it considered unauthorized employment if I submit a story to a magazine and it gets published? Does it matter if I am paid a small fee?

Answer There does not appear to be a clear answer to this question. While some activities would almost certainly be viewed as unauthorized employment (e.g., driving for Uber,) the answer is less clear for many types of activities, such as creating art.As a point of reference,...

15:19 / FAQs / For Individuals / Worker
04 Mar 2021

I am on OPT and am employed by an accredited, nonprofit university. The university is going to sponsor me for an H1B position. Do they need to follow the H1B cap timelines?

Answer Accredited, nonprofit universities are generally cap-exempt employers. If a person is going to be employed by a cap-exempt employer, the standard H1B cap timelines would not apply. There is no need to submit a registration, apply in the lottery, etc. The petition can normally be...

15:15 / FAQs / For Individuals / Student / Worker
18 Feb 2021

My H1B extension was approved months ago, but my wife’s H-4 extension is still pending. My employer is filing an H1B amendment for me. Will this impact my wife’s pending H-4?

Answer Ordinarily, an H1B amendment would not impact a pending H-4 extension.  (18.Feb.2021)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 © 2021, MURTHY LAW FIRM. All Rights Reserved...

13:05 / FAQs / For Families / For Individuals / Nonimmigrant Family / Worker
18 Feb 2021

My husband is in the U.S. in H1B, and I am working from India for a U.S. employer. Can I apply for an H-4 EAD from India? Or do I have to be in the U.S. to apply?

Answer In order to apply for an H-4 EAD, the foreign national generally must be physically in the U.S. Once the EAD application is filed, however, it typically is possible to travel abroad while the EAD application is pending.  (18.Feb.2021)Sheela Murthy and other senior attorneys provide...

13:03 / FAQs / For Families / For Individuals / Nonimmigrant Family / Travel / Worker
11 Feb 2021

I read online that President Biden is re-implementing the Trump policy of requiring detailed documents from end-clients when filing H1B petitions. Is that true?

Answer No, this is not true. The USCIS memo you are referencing was issued by the Trump Administration in February 2018. In June 2020, the USCIS officially rescinded the memo as part of a settlement agreement between the USCIS and IT Serve Alliance.The USCIS webpage that...

09:25 / FAQs / For Employers / For Individuals / Worker