23 Apr 2020

I have an approved I-140 through my employer. However, I was recently laid off, and I fear the company my close entirely. If it does, will this impact my I-140?

Answer If the company closes, the beneficiary of an approved I-140 normally still would be able to retain the priority date. Further, unless the employer withdraws the I-140 within fewer than 180 days of its having been approved, it normally still can be used for purposes...

23 Apr 2020

My H1B extension was recently denied, and my I-94 has already expired. I am unable to leave the U.S. right now due to the pandemic. Is there any grace period being offered because of COVID-19?

Answer Unfortunately, the USCIS has not offered any additional grace periods based on the pandemic. It is possible to apply for a change to B-2 status nunc pro tunc, which is a discretionary benefit that the USCIS can grant. Please see the MurthyDotCom NewsBrief, B-2 Option...

23 Apr 2020

My wife applied for an H-4 EAD several months ago, and the application is still pending. If the pandemic slows processing times, will she be permitted to keep working after her EAD expires?

Answer No, one cannot work based on a pending H-4 EAD renewal application. The USCIS has not changed this rule based on the COVID-19 outbreak. (23.Apr.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here....

21 Apr 2020

NewsFlash! Trump to Suspend Issuance of Green Cards for 60 Days

Moments ago, President Trump provided some additional details on his plans to "temporarily suspend immigration into the United States." The President will sign an executive order that will suspend the issuance of green cards for 60 days. It appears nonimmigrants will not be impacted by...

16 Apr 2020

I am in H1B status and have a Social Security Number; my wife is in H-4 status and has an ITIN. We filed U.S. taxes jointly last year. Do we qualify for the stimulus check?

Answer - Updated 17.Apr.2020 We previously indicated that if taxes were filed jointly, where one spouse had a Social Security Number and the other had an ITIN, this should not prevent the spouse with an SSN from receiving the stimulus tax rebate. However, the IRS has...

16 Apr 2020

My H1B registration was selected in this year’s lottery. However, when my employer submitted the registration for me, they misspelled my name. Can I get this corrected?

Answer It does not appear to be possible to correct a registration at this point. The recommendation at this stage typically would be to file the petition with the correct information. Assuming the error in the registration was relatively minor (e.g., a minor typo in the...

16 Apr 2020

Earlier this week, the USCIS posted on its website an announcement about delays in extension / change of status filings. The announcement also talks about the ability to file late. Does this provide any protections to H1B workers who are laid off?

Answer This announcement by the USCIS is not a new policy, or any type of new benefit for foreign nationals in the U.S. It is merely pointing to provisions that already exist in the law. There has been a push to get the USCIS to provide...