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22 Mar 2021

April 2021 Visa Bulletin Check-In

The U.S. Department of State (DOS) has launched a new monthly program on YouTube, to allow Charlie Oppenheim, Chief of the Visa Control and Reporting Division, to provide insight and predictions related to the visa bulletin. This month, Mr. Oppenheim provides some updated predictions for...

12:27 / Consulates / EB5 Investor / Employment Based / Family Based / For Employers / For Families / For Individuals / Immigrant Family / NewsBrief / Resident / Visa Bulletin / Worker
18 Mar 2021

I am currently in India. My H1B petition was approved and I have a valid H1B visa in my passport. However, my project was just canceled. Can I enter in H1B to search for a new project?

Answer No, normally a person cannot enter the U.S. in H1B status for purposes of finding a new H1B employer or project. (18.Mar.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...

09:04 / FAQs / For Individuals / Worker
11 Mar 2021

I understand that I am allowed to move to a similar position and port my I-485 if at least 180 days have passed. Is it 180 days from the “Notice Date” or the “Received Date”?

Answer The 180 days for job portability are generally counted from the received date.  (11.Mar.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. All Rights...

07:44 / Employment Based / FAQs / For Individuals / Resident / Worker
11 Mar 2021

I am on H1B and my wife is on H-4. If we do not exceed the income limits, are we eligible to get the new round of stimulus checks?

Answer It appears most H1B workers will qualify.As with the previous stimulus bills, the American Rescue Plan Act of 2021 excludes "nonresident aliens," which is a term defined by tax law. Most H1B workers are considered "resident aliens" under tax law, and therefore not excluded from...

07:41 / FAQs / For Families / For Individuals / Nonimmigrant Family / Worker
10 Mar 2021

USCIS to Allow Certain I-485 Derivative Applicants to Re-file Rejected Applications

In the wake of the rush of I-485 filings in October 2020, reports began to surface of the U.S. Citizenship and Immigration Services (USCIS) rejecting many applications filed by derivatives. Specifically, the USCIS rejected these applications for leaving boxes 3.a. and 9 blank in Part...

11:32 / AOS/CP / Employment Based / Family Based / For Families / For Individuals / NewsBrief / Resident / USCIS News / Worker
04 Mar 2021

I am working in H1B status, and I enjoy writing short stories in my free time. Is it considered unauthorized employment if I submit a story to a magazine and it gets published? Does it matter if I am paid a small fee?

Answer There does not appear to be a clear answer to this question. While some activities would almost certainly be viewed as unauthorized employment (e.g., driving for Uber,) the answer is less clear for many types of activities, such as creating art.As a point of reference,...

15:19 / FAQs / For Individuals / Worker