Student Archives - Page 13 of 69 - Murthy Law Firm

05 Jan 2023

I just earned my MBA from a state university. I also have a bachelor’s in chemistry. I found an employer to sponsor me for an H1B position in the upcoming lottery, but the position is related to my degree in Chemistry, not my MBA. Can I still qualify for the master’s cap?

Answer To qualify for the master’s cap, one must have a master’s degree or higher from a qualifying U.S. university. This applies, even if you will not be using that degree to qualify for the H1B position. (04.Jan.2023)Sheela Murthy and other senior attorneys provide guidance that...

04 Jan 2023

New Year’s Reminder for Individuals – Check I-94 Expiration Dates

Many aspects of immigration law are tied to expiration dates, grace periods, filing deadlines, and other date-driven matters. So, it is vitally important to keep informed and on top of calendar items and timelines specific to one’s immigration process. Many serious problems can be avoided...

17:07 / For Families / For Individuals / NewsBrief / Nonimmigrant Family / Resident / Student / Travel / Worker

05 Dec 2022

221(g) Visa Stamp is Considered a Visa Refusal

When an individual applies for an F-1, H1B, or other nonimmigrant visa at the U.S. consulate abroad, it can be fairly common to be refused initially under Section 221(g) of the Immigration and Nationality Act (INA). This broad section applies to a wide variety of...

09:15 / Consulates / NewsBrief / Student / Travel / Visitor / Worker

23 Nov 2022

Beware: Serious Immigration Consequences of Shoplifting

For people not accustomed to the open displays of merchandise typical in the United States, the opportunity to pick up a few small items could prove tempting. Many newcomers to this country do not realize that seemingly minor crimes can have very serious immigration, as...

14:50 / Complexities / For Families / For Individuals / NewsBrief / Resident / Student / Visitor / Worker

21 Nov 2022

Immigration Impact of ACICS Losing Recognition as Accrediting Agency

The U.S. Department of Education (DOE) terminated recognition of the Accrediting Council for Independent Colleges and Schools (ACICS) as an accrediting agency on August 19, 2022. The U.S. Citizenship and Immigration Services (USCIS), in turn, recently issued an alert explaining the immigration impact this loss...

10:05 / Employment Based / For Individuals / NewsBrief / Resident / Student / USCIS News / Worker

15 Nov 2022

Serious Immigration Consequences for Marijuana, Despite State Law Changes

Legalization or decriminalization of marijuana at the state level can mislead noncitizens into thinking using marijuana in accordance with state law is legal. Marijuana, however, is a controlled substance under federal law. Therefore, the use, sale, purchase, or even the mere possession of marijuana, in...

07:25 / Employment Based / Family Based / For Families / For Individuals / NewsBrief / Resident / Student / Travel / Visitor / Worker

03 Nov 2022

Update on U.S. Visa Processing in India

Mr. Don Heflin, the Minister Counselor for Consular Affairs at the U.S. Embassy in India, recently conducted a question-and-answer session to update the public on the state of visa appointments at U.S. consulates in India. Staffing Levels Mr. Heflin noted that staffing levels at the consulates have...

07:24 / Consulates / For Employers / For Families / For Individuals / NewsBrief / Nonimmigrant Family / Student / Travel / Visitor / Worker

31 Oct 2022

Nonimmigrants Must Overcome Presumption of Immigrant Intent

Under U.S. immigration law, if a foreign national applies for a nonimmigrant visa or for admission to the United States as a nonimmigrant, the application often can only be approved if the individual can demonstrate a lack of immigrant intent. There are a few notable...

08:35 / For Families / For Individuals / InfoArticle / NewsBrief / Nonimmigrant Family / Student / Visitor / Worker

27 Oct 2022

Court Upholds F-1 OPT Programs

The D.C. Circuit Court recently ruled in favor of the U.S. government in a lawsuit brought by a worker's union, holding the F-1 optional practical training (OPT) and STEM OPT programs were lawfully enacted. The union unsuccessfully argued that the statute passed by Congress that...

07:17 / For Individuals / Homeland Security / NewsBrief / Student / Worker

20 Oct 2022

My father is a green card holder and filed a green card case for me a couple of years ago. I was in India at the time, so the case was filed for consular processing. Now, I am in the U.S. as an F-1 student. Can I apply for adjustment of status now?

Answer The fact that the I-130 petition was filed for consular processing would not prevent the beneficiary from instead applying for adjustment of status. However, until the priority date is current, it generally is not possible to file an I-485 application. (19.Oct.2022)Sheela Murthy and other senior...

09:41 / Family Based / FAQs / For Families / Immigrant Family / Resident / Student

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