23 Apr 2020

I have an approved I-140 through my employer. However, I was recently laid off, and I fear the company my close entirely. If it does, will this impact my I-140?

Answer If the company closes, the beneficiary of an approved I-140 normally still would be able to retain the priority date. Further, unless the employer withdraws the I-140 within fewer than 180 days of its having been approved, it normally still can be used for purposes...

23 Apr 2020

My H1B extension was recently denied, and my I-94 has already expired. I am unable to leave the U.S. right now due to the pandemic. Is there any grace period being offered because of COVID-19?

Answer Unfortunately, the USCIS has not offered any additional grace periods based on the pandemic. It is possible to apply for a change to B-2 status nunc pro tunc, which is a discretionary benefit that the USCIS can grant. Please see the MurthyDotCom NewsBrief, B-2 Option...

23 Apr 2020

My wife applied for an H-4 EAD several months ago, and the application is still pending. If the pandemic slows processing times, will she be permitted to keep working after her EAD expires?

Answer No, one cannot work based on a pending H-4 EAD renewal application. The USCIS has not changed this rule based on the COVID-19 outbreak. (23.Apr.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here....

22 Apr 2020

NewsFlash! President Signs Executive Order Pausing Issuance of Most Immigrant Visas at U.S. Consulates

This evening, President Trump signed an executive order to halt the issuance of immigrant visas for 60 days. On Monday night, the President tweeted that he would "temporarily suspend immigration into the United States." In reality, his executive order merely halts the issuance of immigrant...

22 Apr 2020

Deadline Extended for Comments on Proposal to Add Bank Details to I-864 Affidavits of Support

The U.S. Department of Homeland Security (DHS) has extended the deadline for the public to submit comments on proposed revisions to the affidavit of support that is required for most family-based immigrant petitions (form I-864), and the corresponding forms I-864A and I-864EZ. The public now...

21 Apr 2020

NewsFlash! Trump to Suspend Issuance of Green Cards for 60 Days

Moments ago, President Trump provided some additional details on his plans to "temporarily suspend immigration into the United States." The President will sign an executive order that will suspend the issuance of green cards for 60 days. It appears nonimmigrants will not be impacted by...

21 Apr 2020

NewsFlash! USCIS Waiving In-Person Interview Requirements for Some Cases

The American Immigration Lawyers Association (AILA) has received numerous reports of the U.S. Citizenship and Immigration Services (USCIS) sporadically waiving the in-person interview requirement during the COVID-19 pandemic. Most of the reports are related to family and employment-based adjustment-of-status (form I-485) cases. The USCIS suspended...