Answer In most situations, once a person has been granted H1B status, that individual is considered to have been "counted against" the H1B cap. This typically means that an H1B may be filed for the person without having to go through the lottery again. (15.Nov.2023)Sheela Murthy...
The Child Status Protection Act and its significance for dependent children obtaining their green cards are the topics discussed by Murthy Law Firm Attorneys in November 2023.The MP3 is available here and soon can be found in the archive of our teleconferences and podcasts on...
In each permanent resident (“green card”) case, one must decide whether to request consular processing (CP) or adjustment of status (AOS). There are two possibilities for this last step in the green card process: adjustment of status within the United States or processing for an...
While foreign nationals are typically mindful about confirming the permissibility of international travel prior to boarding a plane, an individual may be less mindful about another, less common form of travel – international cruises. However, like air travel, a foreign national should understand the nature...
Most nonimmigrant visa categories that allow a foreign national to work or study in the United States for an extended period of time have a corresponding dependent visa category that can be used by immediate family members to accompany the principal worker or student. For...
Answer While a U.S. citizen may sponsor a foreign national spouse as an immediate relative, the same does not hold true for a green card holder sponsoring a spouse. In this situation, the petition would fall under the family-based, second preference “A” (FB2A) category. After the...
Answer Although the regulations regarding unauthorized employment are not entirely clear, it seems likely that, unless a foreign national has valid work authorization, performing work for a foreign entity while in H-4 status without a valid EEAD would still generally be viewed as unauthorized employment and...
The Murthy Law Firm recently succeeded in obtaining a green card for a dependent child who initially aged out, but later regained eligibility to apply for adjustment of status as a dependent after an update to the Child Status Protection Act (CSPA). The Murthy Law...
Answer In order to remain in the United States in a period of authorized stay, the B-2 visitor must file the application to extend or change status prior to the expiration date of her current I-94. There is no requirement that the receipt notice be issued...
On October 12, 2023, the U.S. Citizenship and Immigration Service (USCIS) launched the new Enterprise Change of Address (E-COA) self-service tool for an individual to notify the USCIS of a change in address. The tool is intended to improve the speed and efficiency of updating...
