11 Sep 2024

If I file my wife’s H-4 and H-4 EAD applications together with my H1B petition that is filed for premium processing, is it true that the USCIS will provide premium service to all the cases?

Answer Yes, at least for now, the USCIS should adjudicate these cases at around the same time. This is based on a settlement agreement that the USCIS entered into on January 25, 2023. The USCIS is only bound by this agreement for a few more months,...

09 Sep 2024

APA Lawsuits for Unlawful Agency Actions

The majority of immigration cases are adjudicated correctly by the U.S. Citizenship and Immigration Services (USCIS) and other relevant U.S. government agencies. But there are situations in which a government agency makes an adverse decision on a case that is contrary to the law. In...

04 Sep 2024

I lived in the U.S. for 12 years while on H1B and now my daughter wants to sponsor my wife and me for a green card. I know I am eligible for a waiver of an affidavit of support because I have earned 40 quarters of employment in the U.S., but does my wife need an affidavit of support?

Answer No. Ordinarily, one's wife in this situation would not need an affidavit of support, because she can be credited with your 40 quarters of employment. (03.Sep.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click...

04 Sep 2024

My H-4 I-94 duration was shortened because my passport was expiring, but my EAD is valid for another 2 years. Can I continue to work after I file my H-4 extension?

Answer Unfortunately, no. Normally, an H-4 dependent spouse cannot work past the I-94 expiration date. (03.Sep.2024)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 © 2024, MURTHY LAW FIRM. All...

28 Aug 2024

I am in India and my husband is working in the U.S. in H1B status. I plan to arrive in the U.S. in December. Can I apply for an H-4 EAD now, so that it might be approved by the time I arrive in the U.S.?

Answer Unfortunately, one generally must be physically in the United States to apply for an H-4 EAD. In many situations, however, it is possible to leave the U.S. while the H-4 EAD application is still pending. (28.Aug.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies...

27 Aug 2024

NewsFlash! Federal Judge Orders Temporary Halt to Parole-in-Place Program

A federal judge in Texas has temporarily blocked the Biden Administration from continuing to grant parole in place under its Keeping Families Together program. As noted in the MurthyDotCom NewsBrief, USCIS Starts Accepting Applications for Keeping Families Together Program (22.Aug.2024),  this program is designed to...

22 Aug 2024

USCIS Starts Accepting Applications for Keeping Families Together Program

UPDATE: See NewsFlash! Federal Judge Orders Temporary Halt to Parole-in-Place Program, Posted 27.Aug.2024As was recently indicated in MurthyDotCom's NewsFlash! Filing Guide Released for Parole in Place Program for Undocumented Spouses of U.S. Citizens (16.Aug.2024), the U.S. Department of Homeland Security (DHS) began accepting applications for...

21 Aug 2024

My mother and I entered the United States when I was a child. We were not legally admitted. After we arrived, my mother married a U.S. citizen. I think I meet all the eligibility requirements to apply for parole in place (PIP) under the new program. However, my mother passed away several years ago. Can I still apply for PIP?

Answer Yes, a stepchild of a U.S. citizen does not need to apply with their noncitizen parent. However, you need to establish a child-parent relationship with your stepfather. (21.Aug.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online...

16 Aug 2024

NewsFlash! Filing Guide Released for Parole-in-Place Program for Undocumented Spouses of U.S. Citizens

UPDATE: See NewsFlash! Federal Judge Orders Temporary Halt to Parole-in-Place Program, Posted 27.Aug.2024Today, the Biden Administration released a filing guide for form I-131F, which is the new electronic form that soon will be used by certain undocumented spouses and stepchildren of U.S. citizens to apply...