05 Feb 2025

I am in the U.S. in L1A status and my family is here on L-2. We were all born in India. My eldest daughter is 18. If my employer files an EB1 case for me now, will she be able to get a green card through me, or will she age out?

Answer In your situation, there is actually no way to know for certain whether your daughter will age out at this stage. You likely would not know for a number of years. There are a couple of things you may be able to do to help...

29 Jan 2025

While my H-4 extension was still pending, I traveled outside the U.S. When I returned, my I-94 was extended based on my husband’s new I-797. A couple of months later, the USCIS denied my H-4 extension. In the denial, the USCIS said I no longer needed the extension because I traveled. Will this denial be seen as a black mark in my record?

Answer No, this is no cause for concern. A denial in this situation normally would neither create any type of immigration problem, nor be viewed negatively by immigration officials. (28.Jan.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...

15 Jan 2025

I am scheduled to apply for an H1B visa stamp next month in Chennai, but my project ended. Can I use the same appointment slot to apply for a H-4 visa instead?

Answer You typically need to cancel the existing appointment, and schedule a new appointment with a new DS-160 (indicating the appointment is for H-4.) It may be possible to reuse the fee. (15.Jan.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information...

15 Jan 2025

I mailed my application to a USCIS lockbox weeks ago, but I have not yet received a receipt, and my filing fee has not been cashed. How do I contact USCIS about my missing case, since I do not even have a receipt number to reference?

Answer It is possible to eMail USCIS lockbox support at lockboxsupport@uscis.dhs.gov to inquire about a filing that has not yet been receipted. You should include the form number, petitioner or applicant name, date of birth, and mailing address, as well as the lockbox the package was...

08 Jan 2025

My H-4 EAD is expiring soon, and I recently got my H-4 status extended when I reentered the U.S. I am about to file my I-485 application and an I-765 based on the I-485. Will I receive an automatic extension of my H-4 EAD while my new I-765 is pending?

Answer No. To receive an automatic extension of an expiring EAD based on a timely filed I-765, the expiring EAD and newly requested EAD must be in the same eligibility category. So, if you wish to receive an automatic extension of the H-4 EAD, one of...

02 Jan 2025

A few weeks after I was arrested for driving while intoxicated, I received an eMail from the consulate saying that my H1B visa had been revoked. Do I need to leave the U.S. now?

Answer The prudential revocations of a visa due to a DUI only impacts the visa “stamp,” not a person’s status.That being said, please see our MurthyDotCom InfoArticle, Alcohol-Related Arrests Create Immigration Problems (29.Dec.2023), which summarizes some of the key problems that can be created by one...

24 Dec 2024

I am on H-4 and am applying for a change of status to F-1. My husband is on H1B and his employer has filed a PERM case for him. Will that pending PERM increase the risk of my F-1 application being denied?

Answer A PERM case filed for one’s spouse normally would not increase the risk the denial of a change of status to F-1. (24.Dec.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more...