25 Mar 2024

USCIS Updates Policy Guidance for Expedite Requests

On March 21, 2024, the U.S. Citizenship and Immigration Services (USCIS) updated the USCIS Policy Manual clarifying certain criteria for expedite requests. The update also provides additional guidance on how to submit expedite requests to the USCIS and how they are processed. Overview of USCIS Policy...

21 Mar 2024

Importance of Accurate & Consistent Birth Documents in Immigration Filings

The Murthy Law Firm routinely receives calls from individuals asking how to deal with birth documents that have incorrect information. Foreign nationals seeking to apply for U.S. immigration benefits should ensure that the birth information on official documents, like birth certificates and passports, is accurate....

20 Mar 2024

My PERM was filed about 9 months ago. My H1B expires in about 5 months, at which point I will have reached my full 6 years of H1B time. Do I need to wait until the PERM has been pending a full 365 days before we file my H1B extension requesting an additional year?

Answer Generally speaking, it is possible to request a 7th year extension of H1B status before a PERM has been pending for the full 365 days, as long as the requested start date is within the next six months, and as long as the PERM will...

20 Mar 2024

I am in the U.S. on H1B, but my wife is remaining in India for another year while completing university. When she can, she will be visiting for relatively short visits, and then returning to India. Given that these will be short trips, should she just come on her B-2 visa?

Answer Although it is permissible to request admission on B-2 to visit one's H1B spouse, in most circumstances, it probably makes sense to obtain an H-4 dependent visa. As long as the principal H1B worker is in valid status, a dependent typically can request admission in...

20 Mar 2024

A number of years ago, I worked for about 1 year in H1B status. I then worked in India for a couple of years and came back to the U.S. in L1B status. I now wish to move to a new employer, who is filing an H1B change-of-status petition for me. Can I begin working for them upon receipt?

Answer No. In order to begin working based on a change of status from L-1 to H1B, one must wait for the H1B petition to be approved. (20.Mar.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services,...

13 Mar 2024

I got a green card through my employer, and I have a son who is a U.S. citizen by birth. We have decided to move back to India for a few years due to family reasons, which will mean giving up my green card. When my son turns 21, can he sponsor me for another green card?

Answer The fact that you had a green card and then abandoned it typically would not prevent you from being sponsored by your U.S. citizen child for another green card (once the child reaches the age of 21). (13.Mar.2024)Sheela Murthy and other senior attorneys provide guidance...