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25 Apr 2024

Murthy Success Story: NIW Approval for Expert in Public Safety Technology

The Murthy Law Firm regularly assists foreign nationals in filing self-sponsored immigrant petitions under the EB2 national interest waiver (NIW) category. In one such case, the immigrant petition (form I-140) was filed for a public safety technology researcher focused in the areas of machine learning,...

05:39 / EB2 National Interest Waiver / Employment Based / For Individuals / NewsBrief / Resident / Success Story
18 Apr 2024

I am in H1B status with a pending I-485 application. I just received my EAD card based on my pending I-485. Do need to switch my work authorization to my EAD?

Answer Generally, no. If you are maintaining H1B status, you are not required to start using your EAD, and you can keep the card as a backup. Once you start using your EAD, your H1B status terminates. And, in many, if not most, situations, we recommend...

07:21 / Employment Based / FAQs / For Individuals / H1B / Resident / Worker
18 Apr 2024

My daughter is a high school student in H-4 status. She was offered a paid summer internship that would be great experience for when she applies for college. She asked the company if she could accept the internship without pay, but the company said they must pay her because of Department of Labor rules. Is there any way get an H-4 EAD?

Answer Unfortunately, the H-4 EAD rule only applies for H-4 spouses. Regardless of the reason behind the request, the USCIS cannot approve an H-4 EAD application filed on behalf of an H-4 dependent child.  (17.Apr.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law....

07:18 / Employment Based / FAQs / For Families / H-4 Dependents / H1B / Nonimmigrant Family / Resident / Worker
27 Mar 2024

My I-140 is approved in the EB1 category and the priority date is current. I am in India, but will soon return to the U.S. My wife will not come to the U.S. for several months. When I arrive in the U.S., can I file the I-485 applications for both of us?

Answer You can file your own I-485 application, but your wife must be physically in the U.S. in order to file her I-485. (17.Mar.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more...

10:20 / Employment Based / FAQs / For Individuals / Resident / Travel
25 Mar 2024

USCIS Updates Policy Guidance for Expedite Requests

On March 21, 2024, the U.S. Citizenship and Immigration Services (USCIS) updated the USCIS Policy Manual clarifying certain criteria for expedite requests. The update also provides additional guidance on how to submit expedite requests to the USCIS and how they are processed. Overview of USCIS Policy...

10:15 / Employment Based / Family Based / For Employers / For Families / For Individuals / Immigrant Family / NewsBrief / Nonimmigrant Family / Resident / USCIS News
20 Mar 2024

My PERM was filed about 9 months ago. My H1B expires in about 5 months, at which point I will have reached my full 6 years of H1B time. Do I need to wait until the PERM has been pending a full 365 days before we file my H1B extension requesting an additional year?

Answer Generally speaking, it is possible to request a 7th year extension of H1B status before a PERM has been pending for the full 365 days, as long as the requested start date is within the next six months, and as long as the PERM will...

14:25 / Employment Based / FAQs / For Employers / For Individuals / Resident / Worker
11 Mar 2024

April 2024 Visa Bulletin

Today, the U.S. Department of State (DOS) released the April 2024 Visa Bulletin. This month's visa bulletin also provides some predictions for movement in the coming months. All cutoff dates listed refer to those in the final action chart (i.e., Chart A), unless otherwise specified. Visa...

15:14 / EB5 Investor / Employment Based / Family Based / For Employers / For Families / For Individuals / Immigrant Family / Investor / NewsBrief / Resident / Visa Bulletin