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...

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....

22 Apr 2020

NewsFlash! President Signs Executive Order Pausing Issuance of Most Immigrant Visas at U.S. Consulates

This evening, President Trump signed an executive order to halt the issuance of immigrant visas for 60 days. On Monday night, the President tweeted that he would "temporarily suspend immigration into the United States." In reality, his executive order merely halts the issuance of immigrant...

22 Apr 2020

Deadline Extended for Comments on Proposal to Add Bank Details to I-864 Affidavits of Support

The U.S. Department of Homeland Security (DHS) has extended the deadline for the public to submit comments on proposed revisions to the affidavit of support that is required for most family-based immigrant petitions (form I-864), and the corresponding forms I-864A and I-864EZ. The public now...

21 Apr 2020

NewsFlash! Trump Claims He Will Temporarily Suspend Immigration

President Donald Trump said late Monday night he will sign an executive order temporarily suspending immigration to the United States as the nation battles the health and economic effects of the coronavirus pandemic.---Posted 21 Apr 2020 [updated*]The New York Times: https://www.nytimes.com/2020/04/21/us/coronavirus-updates.html?action=click&module=Spotlight&pgtype=Homepage#link-49e269e1"...

21 Apr 2020

NewsFlash! USCIS Waiving In-Person Interview Requirements for Some Cases

The American Immigration Lawyers Association (AILA) has received numerous reports of the U.S. Citizenship and Immigration Services (USCIS) sporadically waiving the in-person interview requirement during the COVID-19 pandemic. Most of the reports are related to family and employment-based adjustment-of-status (form I-485) cases. The USCIS suspended...

16 Apr 2020

Earlier this week, the USCIS posted on its website an announcement about delays in extension / change of status filings. The announcement also talks about the ability to file late. Does this provide any protections to H1B workers who are laid off?

Answer This announcement by the USCIS is not a new policy, or any type of new benefit for foreign nationals in the U.S. It is merely pointing to provisions that already exist in the law. There has been a push to get the USCIS to provide...