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08 Jul 2020

My mother’s I-94 is expiring July 14, 2020. Due to the uncertainty of COVID, I have applied for her extension and have received the receipt notice from the USCIS. Does this mean she can stay here until it is safe for her to return home or we hear the result?

Answer In general, when one has timely filed for an extension of status, one is permitted to remain in the United States until a decision is received from USCIS. This is considered to be a period of "lawful" stay. (06.Jun.2020)Sheela Murthy and other senior attorneys provide...

12:40 / FAQs / For Families / For Individuals / Travel
01 Jul 2020

Now that Trump has signed an executive order to suspend approval of green cards for those outside of the U.S., can we still apply for I-130 for parents who are in India?

Answer The Executive Order only prohibits the issuance of visas at consulates. It does not prevent the adjudication of I-130 petitions, and these should progress normally, as far as we know. (01.Jul.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on...

10:30 / Consulates / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident
01 Jul 2020

I’m currently working on H1B visa and the extension got approved recently. My wife went for a short visit to India but couldn’t get her H-4 visa stamped in time before executive order. She has a B-2 visa in her passport. Is it possible for her to visit the U.S. using her B-2?

Answer The executive order does not prevent a person from requesting admission in B-2 status. One in this situation would have to be able to convince the CBP officer at the U.S. port of entry that they are truly a "visitor," with intention of staying beyond...

10:24 / FAQs / For Families / For Individuals / Nonimmigrant Family / Travel / Worker
30 Jun 2020

NewsFlash! Trump Amends Proclamation to Increase Number of Nonimmigrants Subject to Executive Order

Last night, President Trump amended his June 22, 2020 executive order in a small, but significant manner that clarifies and potentially increases the classes of nonimmigrants who are subject to the order. The original version of the executive order stated that, if a foreign national...

12:05 / For Employers / For Families / For Individuals / NewsBrief / Nonimmigrant Family / Student / Travel / Visitor
29 Jun 2020

MurthyAudio: Murthy Discusses Presidential Proclamation Impacting H1B, L-1, and Certain Other NIV Holders

Late on the evening of June 22, 2020, the Trump Administration issued a Presidential Proclamation that impacts individuals applying for certain nonimmigrant visas (NIVs). Specifically, the travel ban applies to certain NIVs like the H1B, H2B, L-1, certain J holders, and their dependents.There is fear...

11:38 / For Employers / For Families / For Individuals / H1B / J-1 Exchange / L-1 / MurthyAudio / Nonimmigrant Family / Travel / Worker
23 Jun 2020

My employer is about to file my H1B cap case. Does the executive order prevent them from filing the petition?

Answer The executive order should not impact H1B cap or non-cap filings within the U.S. The USCIS should still be able to adjudicate all such petitions, as before the issuance of the Presidential Proclamation. If the petition is approved, however, and you are not in the...

12:31 / FAQs / For Employers / For Families / For Individuals / Nonimmigrant Family / Travel / Worker
23 Jun 2020

I am in the U.S. in H1B status, but my wife and child have been stuck in India since March. Can they return to the U.S. in H-4 status?

Answer If your wife and child each have valid H-4 visa "stamps" in their passports, the executive order should not impact them. Unfortunately, if they do not have valid visas already, it appears they would be prevented from applying for and obtaining the H4 visa stamp....

12:24 / FAQs / For Employers / For Families / For Individuals / Nonimmigrant Family / Travel / Worker