For Individuals Archives - Murthy Law Firm

12 Mar 2026

USCIS Hold and Review of Benefit Applications for Nationals of High-Risk Countries

On January 1, 2026, the United States Citizenship and Immigration Services (USCIS) issued Policy Memorandum PM-602-0194, directing all agency personnel to place an adjudicative hold on pending benefit applications filed by or for nationals of countries listed in Presidential Proclamation (PP) 10998, Restricting and Limiting...

10 Mar 2026

Do I need to offer my H1B employees the same employee benefits as other workers?

Answer Yes. H1B employees must be offered the same benefits as similarly employed workers. Employers cannot treat employees differently simply because they hold H1B status. (10.Mar.2026)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here....

07:30 / FAQs / For Employers / For Individuals / H1B / Worker

10 Mar 2026

I have a pending I-485 application and recently changed employers. Do I need to file for AC21 job portability immediately?

Answer Individuals with a pending I-485 must remain eligible for adjustment of status while the application is pending. If the individual no longer has a job offer from the employer that initially sponsored the green card case, it is important to request AC21 job portability as...

07:26 / FAQs / For Employers / For Individuals / Worker

10 Mar 2026

I am in the U.S. on H1B working for a U.S. employer. Can I also work as a contractor for a company located in Europe?

Answer H1B only provides work authorization to work for the H1B employer. Although the regulations regarding unauthorized employment are not entirely clear, it seems likely that a foreign national would require specific work authorization to perform work for a foreign entity while in the United States...

07:21 / FAQs / For Individuals / Worker

09 Mar 2026

Risk of Interfiling on a Child’s CSPA Eligibility

Each month, in anticipation of the release of the U.S. Department of State (DOS) Visa Bulletin, many individuals with pending applications for adjustment of status consider whether to transfer the underlying basis of a pending adjustment of status application, commonly known as “interfiling,” as explained...

10:05 / Employment Based / Family Based / For Families / For Individuals / Immigrant Family / NewsBrief / Resident / USCIS News / Visa Bulletin

04 Mar 2026

MurthyAudio: Consular Nonimmigrant Visa Issues

Issues that come up at the U.S. Consulate when obtaining a nonimmigrant visa are discussed by attorneys from the Murthy Law Firm and our affiliate, Murthy Immigration Services, Pvt. Ltd, Chennai, India, in this podcast.The MP3 is available here and soon can be found in...

17:57 / For Employers / For Individuals / MurthyAudio / NewsBrief / Worker

03 Mar 2026

My minor child may age out of their eligibility to immigrate as my dependent. Can my child file an EB5 petition as the main applicant?

Answer This is legally possible. However, if the child is under 18, advance planning is required to ensure that any investment agreements or related contracts signed by the child are legally valid and enforceable in the jurisdiction where they are signed. (03.Mar.2026)Sheela Murthy and other senior...

08:33 / EB5 Investor / FAQs / For Families / For Individuals / Immigrant Family / Investor / Resident

03 Mar 2026

I am in H1B status with a valid visa stamp and plan to travel outside the United States. I have a chronic health condition. Will this affect my ability to return to the U.S.?

Answer In general, a chronic medical condition does not prevent someone from reentering the United States if they have a valid visa. However, recent U.S. Department of State guidance indicates that medical conditions may be considered when an individual applies for a new visa, as explained...

08:21 / FAQs / For Individuals / Worker

03 Mar 2026

Does the SOC code listed in the H1B lottery registration have to match the SOC code that ultimately will be used for the H1B cap petition?

Answer Yes, the SOC code on the petition should match what was listed in the registration. In limited situations, a different SOC code may be acceptable if it does not result in a lower wage level, but approval of the petition is not guaranteed. (03.Mar.2026)Sheela Murthy...

08:16 / FAQs / For Employers / For Individuals / Worker

02 Mar 2026

E-3 “Specialty Occupation” Standard: How Close is it to H1B?

The E-3 category was created in 2005 as part of the REAL ID Act to allow Australian citizens to work in the United States in “specialty occupation” roles. The E-3 was designed using a framework that mirrors the H1B category but with important procedural differences....

07:45 / Consulates / For Employers / For Individuals / NewsBrief / USCIS News / Worker

Murthy Law Firm

USCIS Hold and Review of Benefit Applications for Nationals of High-Risk Countries

Do I need to offer my H1B employees the same employee benefits as other workers?

I have a pending I-485 application and recently changed employers. Do I need to file for AC21 job portability immediately?

I am in the U.S. on H1B working for a U.S. employer. Can I also work as a contractor for a company located in Europe?

Risk of Interfiling on a Child’s CSPA Eligibility

MurthyAudio: Consular Nonimmigrant Visa Issues

My minor child may age out of their eligibility to immigrate as my dependent. Can my child file an EB5 petition as the main applicant?

I am in H1B status with a valid visa stamp and plan to travel outside the United States. I have a chronic health condition. Will this affect my ability to return to the U.S.?

Does the SOC code listed in the H1B lottery registration have to match the SOC code that ultimately will be used for the H1B cap petition?

E-3 “Specialty Occupation” Standard: How Close is it to H1B?

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