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30 Apr 2020

My fiancée and I were supposed to get married at a court for a civil wedding, but the courthouse is closed due to the pandemic. We have now found a priest who can perform the ceremony and sign the marriage certificate. Will the USCIS consider this a legal wedding?

Answer Generally speaking, as long as the marriage is recognized under your state's laws as a legal marriage, that is sufficient for immigration purposes. (29.Apr.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access...

09:34 / FAQs / For Families / For Individuals / Immigrant Family / Nonimmigrant Family
30 Apr 2020

I understand that the USCIS has temporarily suspended all premium processing during the pandemic. If I file an H1B petition now, and premium processing is reimplemented while my case is pending, can I then upgrade my case to premium?

Answer Yes, ordinarily, one can "upgrade" a case to premium processing at any time (assuming that the case otherwise is eligible for premium processing.) (29.Apr.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access...

09:31 / FAQs / For Employers / For Individuals / USCIS News / Worker
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