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...
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...
Answer An EAD application cannot typically be filed based on an approved I-130 until the priority date is current and the I-485 application is filed. (04.Mar.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here....
On February 18, 2021, the U.S. Citizenship Act of 2021 (USCA) was introduced in both houses of Congress. This bill, which is modeled after a proposal laid out by President Joe Biden, would fundamentally transform the U.S. immigration system. However, this bill has a long...
Answer No, this is not correct. The 240-day rule does not apply to H-4 dependents, and it is not related to how long a person may stay in the U.S. Rather, the 240-day rule relates to work authorization in certain nonimmigrant categories, such as H1B, when...
Answer Ordinarily, an H1B amendment would not impact a pending H-4 extension. (18.Feb.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 Reserved...
Answer In order to apply for an H-4 EAD, the foreign national generally must be physically in the U.S. Once the EAD application is filed, however, it typically is possible to travel abroad while the EAD application is pending. (18.Feb.2021)Sheela Murthy and other senior attorneys provide...
Each year, the U.S. Department of Health and Human Services (HHS) is responsible for setting federal poverty guidelines, which are used to determine whether an individual or family qualifies for certain government benefits. These guidelines are important in the immigration context, particularly with respect to...
Answer In most cases, a B-2 (or B-1/B-2) visa is issued for 10 years with multiple reentries permitted. Assuming the visa is still valid, it typically can be used to request admission for any permissible B-2 activity (which includes visiting a relative). (04.Feb.2021)Sheela Murthy and other...
Today, President Joe Biden will sign three immigration-related executive orders (EOs). These EOs largely serve to undo various immigration policies and practices implemented by the Trump Administration. The first two EOs focus on the previous administration's efforts related to undocumented immigrants and asylum seekers, while...
