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05 Dec 2019

I am a green card holder and will be applying for U.S. citizenship next year. If I get health insurance through Obamacare, will that prevent my citizenship application from being approved because of the new public charge rule?

Answer Several federal courts have blocked the new public charge rule from going into effect. Even if the rule eventually does go into effect, however, it normally would not have any impact on an application to become a U.S. citizen. There is no public charge analysis...

15:27 / Citizen / FAQs / For Individuals / Homeland Security / Resident
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 was in H1B status and, right before my I-94 expired, I applied for a change of status to H-4. Two weeks later, my former employer sent me my final paycheck. Is it a problem that I am receiving this payment even though I am no longer in H1B status?

Answer Generally speaking, so long as the foreign national was in valid H1B status at the time the work was performed, being paid after the H1B expiration date would not be a violation of immigration law. (27.Nov.2019)Sheela Murthy and other senior attorneys provide guidance that clarifies...

10:27 / FAQs / For Employers / For Individuals / 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