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12 Dec 2019

I am in H1B status and my wife is in H-4 status. She was issued an H-4 EAD based on my approved I-140. If she moves to H1B status, and I then change to H-4 status, can I use my approved I-140 to apply for an H-4 EAD?

Answer No, you cannot use your own approved I-140 to qualify for an H-4 EAD. (11.Dec.2019)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 © 2019, MURTHY LAW FIRM. All Rights...

12:45 / Employment Based / FAQs / For Families / For Individuals / H-4 Dependents / Nonimmigrant Family / Resident
05 Dec 2019

My wife and I are in H1B status, and our 8-year-old son is a U.S. citizen. Can he sponsor us for a green card?

Answer Ordinarily, a U.S. citizen child cannot sponsor his parents for a family-based green card until he reaches the age of 21. (04.Dec.2019)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...

15:31 / Family Based / FAQs / For Families / For Individuals / Resident / Worker
02 Dec 2019

USCIS Proposal for Substantial Fee Increase and Imposition of New Filing Fees

As previously reported on MurthyDotCom, the U.S. Department of Homeland Security (DHS) published a new proposed rule on Thursday, November 14, 2019, outlining significant increases for many U.S. Citizenship and Immigration Services (USCIS) filing fees. The increases will result in a weighted average increase of...

11:13 / Citizen / For Employers / For Families / For Individuals / Immigrant Family / NewsBrief / Nonimmigrant Family / Resident / Student / Travel / USCIS News / Worker
27 Nov 2019

I am in H1B status, and my wife and child are in H-4. My employer asked me to travel to India for three weeks to provide some training at the parent company. Can my wife and child stay in the U.S. for the duration of my trip?

Answer The USCIS may limit, deny, or refer for removal an H-4 dependent who is not primarily intended for the purpose of being with the principal worker in the United States. Further, USCIS officers may adjudicate applications for dependent stays in order to prevent an H1B...

10:20 / FAQs / For Employers / For Families / For Individuals / Nonimmigrant Family / Travel / Worker
27 Nov 2019

I am a U.S. citizen, and I recently filed a family-based green card case for my sister, who is disabled. Is there a way to expedite the process based on her disability?

Answer It is possible to ask USCIS to expedite an I-130 petition. However, unless there is a compelling reason, the USCIS is likely to deny such a request. More importantly, even if the request is granted, this actually would not resolve your issue.There is an extensive...

10:13 / Citizen / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident
27 Nov 2019

December 2019 Visa Bulletin Check-In

Most months, Charles Oppenheim, the U.S. Department of State (DOS) Chief of the Visa Control and Reporting Division, provides visa bulletin explanations and predictions. Following the release of the December 2019 Visa Bulletin, Mr. Oppenheim updates predictions for some of the employment-based categories, as well...

09:48 / Employment Based / Family Based / For Families / For Individuals / Immigrant Family / NewsBrief / Resident / Visa Bulletin
07 Nov 2019

I am currently working based on H-4 EAD. Can my company sponsor me for a green card under the EB3 category?

Answer Working based on an H-4 EAD typically would have no impact on a company's ability to sponsor you for a green card. As long as you meet the standard requirements, the company can sponsor you for an EB3 position. (07.Nov.2019)Sheela Murthy and other senior attorneys...

13:12 / Employment Based / FAQs / For Employers / For Families / Nonimmigrant Family / Resident / Worker