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03 Oct 2024

Murthy Snapshot: USCIS Clarifies How Retrogression Can Impact CSPA Age Calculations

The U.S. Citizenship and Immigration Services (USCIS) released updated guidance on September 25, 2024, in the USCIS Policy Manual on calculating a dependent child’s age under the Child Status Protection Act (CSPA). As detailed in the MurthyDotCom InfoArticle, Child Status Protection Act Basics, parts one...

12:26 / Family Based / For Families / For Individuals / Immigrant Family / NewsBrief / Resident / USCIS News
02 Oct 2024

I just realized that we neglected to file my spouse’s H-4 extension when my employer extended by H1B status. Her I-94 has since expired. Should she leave the U.S. now? Will she be able to come back?

Answer If it has been 180 days or less since the date her I-94 expired, the best solution may be to leave the U.S. and apply for a new visa (being sure to disclose the overstay in the DS-160). If it’s been more than180 days, her...

07:19 / FAQs / For Families / For Individuals / Nonimmigrant Family / Worker
02 Oct 2024

I just completed my medicals for my I-485 filing. For how long will my medical be valid? 

Answer Medicals signed by a Civil Surgeon after 01.Nov.2023 are considered valid indefinitely. (01.Oct.2024)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 © 2024, MURTHY LAW FIRM. All Rights Reserved...

07:14 / Employment Based / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident / USCIS News
25 Sep 2024

I wish to sponsor myself under the EB1(a) category. Do I still have to pay the asylum program fee, since there is no employer sponsoring me?

Answer Yes, the asylum program fee is still required, even if there is no employer. If you are self-petitioning, the fee is reduced to $300, which is the same fee that small employers pay. (25.Sep.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law....

13:50 / Employment Based / FAQs / For Individuals / Resident
25 Sep 2024

I was arrested and charged with shoplifting. My defense attorney said that if I agree to plead guilty and stay on probation for 1 year, my guilty plea will be set aside at the end of my probation, and I will have no conviction. I am in H-4 status and am getting ready to apply for a green card. Should I be concerned about my record?

Answer You should consult with a knowledgeable immigration attorney about possible immigration consequences of your criminal record. Although you may have no conviction under the state law as a result of your successful probation, you still are likely to have a conviction for the purposes of...

13:43 / Employment Based / Family Based / FAQs / For Families / For Individuals / H-4 Dependents / Immigrant Family / Nonimmigrant Family / Resident
19 Sep 2024

Overview of I-140 Downgrade from EB2 to EB3 Preference Category

Until relatively recently, the employment-based, second preference (EB2) category for India historically enjoyed a more favorable cutoff date in the monthly visa bulletin than its employment-based, third preference (EB3) counterpart. This is no longer the case, however, prompting an increase in interest among Indians in...

07:35 / Employment Based / For Employers / For Individuals / InfoArticle / Resident / Visa Bulletin