06 May 2021

If I travel from India to Mexico and stay there for two weeks, can I then enter the U.S.? Or would the travel ban still apply to me?

Answer The suspension of travel from India due to the pandemic only applies to people who were physically in India during the past 14 days. If a person travels to a third country, such as Mexico, for two weeks, the travel ban would not prevent that...

06 May 2021

My H1B is valid for another year, but I am not happy with my employer and wish to quit. I may apply for a change to F-1, or I may go to a school in Canada. If my employer revokes my H1B after I quit, will I still be eligible for the 60-day grace period?

Answer Yes, even if your employer withdraws the H1B petition, this will not prevent you from utilizing the 60-day grace period.  (06.May.2021)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...

05 May 2021

Exemptions and Exceptions to Proclamation Suspending Travel from India to Curb COVID-19

President Biden's Proclamation suspending travel from India, first announced on Friday, April 30, 2021, is now effective. The Proclamation bans the entry of nonimmigrants who were physically present in India during the last 14-days, and is effective until further notice.Importantly, this prohibition on entry has...

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...

22 Apr 2021

I am working in the U.S. in H1B status and I am a minority owner of a business in India. I am not doing any work for the Indian company, but the company is scheduled to issue me a payment based on the company’s profits. Am I allowed to accept that money while in H1B status?

Answer Generally speaking, income from a passive investment would not be a violation of H1B status. (22.Apr.2021)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 © 2021, MURTHY LAW FIRM....

15 Apr 2021

My H1B registration was selected. In filing the H1B petition, is it possible to request an earlier start date than October 1st?

Answer No, for an H1B registration selected in this year's lottery, the H1B petition generally must request a start date of October 1, 2021.  (15.Apr.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access...