07 Sep 2022

Teleconference: Timing Issues – Green Card / H1B Extensions

The impact of timing issues when filing H1B and other nonimmigrant extensions and when the PERM process (i.e. green card) should be started are topics discussed by Murthy Law Firm attorneys in this teleconference.Employers and their representatives are invited to participate in the teleconference scheduled...

20 Jan 2022

I was working in the U.S. in H1B status for about six months. Right before the pandemic, I traveled to India. Since then, I have been working in my H1B position remotely from India. My salary is still paid to me in my U.S. account. Will the time I have spent working from India count against my six-year max of H1B time?

Answer No, ordinarily, only time spent physically in the U.S. in H1B status counts against the standard six-year max. The location of your employer and your bank account would not really factor into the question of determining how much H1B time you have remaining. (19.Jan.2022)Sheela Murthy...

20 Jan 2022

I am currently in the U.S. in H1B status. My visa stamp expired, and I need to travel. I am not able to get an appointment in India for several months. Is it possible to apply for a new visa stamp from within U.S.?

Answer No. Ordinarily, there is no means of applying for a visa from within the United States.  (19.Jan.2022)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 © 2022, MURTHY LAW FIRM....

16 Dec 2021

I am currently working in H1B status. If I apply for a change of status to H-4, along with an H-4 EAD, can I continue to work while the applications are pending?

Answer As long as the H1B petition and status remain valid, the pending application to change status to H-4 typically would not impact one's ability to continue H1B employment. (16.Dec.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...

18 Nov 2021

I am residing in Canada, but have an H1B job offer within driving distance. Can I live in Canada and commute to the U.S. each day to work in the H1B position?

Answer Yes, this is a fairly common situation. U.S. immigration law does not prohibit a person from residing in Canada (or Mexico) and regularly commuting to the U.S. to work in H1B status. (18.Nov.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...

22 Apr 2021

My H1B extension was approved, but my wife’s H-4 and H-4 EAD applications are still pending. If I file a new I-539 and I-765 for her, will she have to do biometrics again?

Answer Generally speaking, a change of employer by the principal H1B spouse would not impact a pending H-4 or H-4 EAD, and would not necessarily require the filing of a new H-4 or EAD application. However, if a new application is filed, the USCIS may require...