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15 Jun 2023

My previous employer is refusing to provide me with an employment verification letter. For my EB3 case, can I use affidavits from my former coworkers as evidence of my prior work experience?

Answer Generally, if it is not possible to get an employment verification letter from the prior employer, it is possible to use coworker affidavits as evidence of past employment experience. (14.Jun.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our...

07:05 / Employment Based / FAQs / For Individuals / Resident
12 Jun 2023

USCIS Prioritizing Pending B-1/B-2 Applications for Laid Off Workers Who Find New Employment

The U.S. Citizenship and Immigration Service (USCIS) has provided a possible mechanism for certain laid off nonimmigrant workers who have pending B-1 or B-2 (B-1/B-2) applications to regain work visa status. More specifically, if the nonimmigrant worker has a pending application to change status to...

07:43 / B-1 / B-2 / For Employers / For Individuals / NewsBrief / USCIS News / Visitor / Worker
08 Jun 2023

I applied for OPT and received a notice indicating that the I-765 application had been approved. However, I still have not received my EAD. Can I start working now?

Answer Generally speaking, one must have the approved EAD prior to commencing OPT employment.  (08.Jun.2023)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 © 2023, MURTHY LAW FIRM. All Rights...

07:46 / F-1 / FAQs / For Employers / For Individuals / Student
08 Jun 2023

I was laid off from my H1B job and am still in my grace period. I received a new job offer, but the start date would not be until about 6 weeks after my grace period ends. Is it permissible for the H1B change of employer to be filed requesting a start date that is past the end of my grace period?

Answer We typically recommend that H1B change-of-employer petitions request a start date that is no later than the last day of the beneficiary's grace period. If it is filed requesting a date later than that, the USCIS still has the discretion to approve the petition with...

07:43 / B-1 / B-2 / FAQs / For Individuals / Visitor / Worker
01 Jun 2023

I am on F-1 and my husband is on H1B. I am applying for a change of status to H-4. Do I have to continue my F-1 studies until the change of status is approved?

Answer Typically, there is no requirement for the F-1 student to remain in school once an application to change status to H-4 is properly filed.  (01.Jun.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here....

16:59 / F-1 / FAQs / For Families / For Individuals / Student
01 Jun 2023

I was laid off last week and plan on leaving the U.S. before my grace period ends. If I use the full 60 days, will that be used against me next time I apply for a visa?

Answer It seems unlikely that an immigration officer would take issue with a person using the full 60-day grace period.  (01.Jun.2023)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 ©...

16:54 / FAQs / For Individuals / Worker