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09 Jun 2020

Is it true that President Trump is about to issue an executive order to stop all H1B filings?

Answer We have heard several rumors recently that the President will issue a proclamation as early as June 15th (or June 11th, according to other online sources) that would temporarily prevent foreign nationals from entering the U.S. in H1B, L-1, H2B, or J-1 status. According to...

16:47 / FAQs / For Employers / For Families / For Individuals / Nonimmigrant Family / Student / Travel / Worker
09 Jun 2020

I am in India and have an approved H1B petition with a new employer. I was scheduled to get my H1B visa “stamp” in March, but the consulates were closed. Can the employer start a PERM case for me now? Or, do I have to wait until I come to the U.S.?

Answer Ordinarily, a U.S. company can initiate the PERM process at any time, even if the beneficiary has not yet joined the company and/or is not in the United States. (09.Jun.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our...

16:38 / Consulates / Employment Based / FAQs / For Employers / For Individuals / Resident / Worker
09 Jun 2020

I am a green card holder, but have been staying in India since December 2019 to take care of my parents. I planned on coming back to the U.S. within six months, but the pandemic has forced me to stay in India longer. What should I do? Are there any special allowances being made because of COVID-19?

Answer There are many green card holders who have found themselves stuck outside the U.S. for a prolonged period of time. There are no special rules that have been created because of the pandemic, but the mere fact that you have been outside the country for...

16:34 / FAQs / For Individuals / Resident / Travel
05 Jun 2020

June 2020 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. Due to the COVID-19 pandemic, Mr. Oppenheim is currently working from home, and therefore is unable to access certain government databases....

16:58 / Consulates / EB5 Investor / Employment Based / Family Based / For Employers / For Families / For Individuals / Immigrant Family / Investor / NewsBrief / Resident / USCIS News / Visa Bulletin
03 Jun 2020

My H1B petition is pending with the USCIS. Today, the online system was updated to say “Name Was Updated.” My employer says they did not submit any type of name change request. What should I do?

Answer The USCIS has been using this strange "Name Was Updated" status alert for a number of years, and it has long created confusion. It is not entirely clear what this actually means, but it appears to at least sometimes be used by the USCIS as...

07:52 / FAQs / For Employers / For Individuals / USCIS News / Worker
03 Jun 2020

My mother is in the U.S. in B-2 status, and her I-94 will expire soon. She has no way to return to India, so she is applying to extend her status. She will return to India as soon as flights resume. Will this prevent her from coming back in B-2 status next year?

Answer There is no set limit to the number of times a person may be admitted in B-2 status, or how many times their status may be extended. CBP officers at the port of entry always have discretion to admit (or deny admission) to a person...

07:49 / FAQs / For Families / For Individuals / Homeland Security / Nonimmigrant Family / Visitor
03 Jun 2020

Now that premium processing services are returning, is it possible to request premium for an H-4 EAD application?

Answer No, the USCIS does not offer premium processing for H-4 applications or for EAD.  (03.Jun.2020)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 © 2020, MURTHY LAW FIRM. All...

07:45 / FAQs / For Families / For Individuals / Nonimmigrant Family / USCIS News / Worker
29 May 2020

NewsFlash! Premium Processing Service Being Phased In, Starting 01.Jun.2020

The U.S. Citizenship and Immigration Services (USCIS) announced today that it would resume premium processing service in phases, beginning June 1, 2020. Per the announcement, premium processing will be made available as follows.Effective June 1, 2020, the USCIS will accept Form I-907, Request for Premium...

11:56 / Employment Based / For Employers / For Families / NewsBrief / Resident / USCIS News / Worker