07 Nov 2024

USCIS and DOS Policies Impacting People with Unlawful Presence and Advance Parole

As explained in the MurthyDotCom InfoArticle, Differences Between: Lawful Status, Period of Authorized Stay, & Unlawful Presence (19.Apr.2022), leaving the U.S. after a prolonged stay beyond the expiration date of one's I-94 can trigger an automatic three- or ten-year bar. In 2012, the Board of...

06 Nov 2024

Can an employer sponsor me using the PERM process for a position that does not require a college degree?

Answer Yes, the types of recruitment will be different, but you can use the PERM process to sponsor a foreign national for a nonprofessional position. (05.Nov.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here....

06 Nov 2024

A couple of years after I naturalized to become a U.S. citizen, I went back to India to take care of my elderly father. It has now been more than ten years, and I am traveling back to the U.S. for the first time. Will this be an issue?

Answer Generally speaking, a U.S. citizen with a valid U.S. passport should be admitted to the United States, even after a prolonged absence from the country. (05.Nov.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click...

06 Nov 2024

Years ago, when I applied for an H1B visa stamp, I was assisted by a consultant who told me to submit a fake diploma to better meet the visa requirements. As a result, my visa was denied due to misrepresentation. The consular officer explained that it is a permanent inadmissibility ban unless it is waived. I am a citizen of Canada now and I would like to come to the U.S. for a conference. How do I apply for a nonimmigrant waiver?

Answer Ordinarily, a foreign national who is found inadmissible should apply for a nonimmigrant waiver when applying for a visa "stamp" at the consulate. Canadian citizens, however, are generally visa exempt. So, you likely can apply for your nonimmigrant waiver through U.S. Customs and Border Protection...

31 Oct 2024

After going through the lottery, I worked in H1B status for nearly five years. I then left the U.S. for a couple of years. I now found an employer willing to file an H1B for me. I do not have an approved I-140. If a company sponsors me for an H1B position now, has my H1B clock reset?

Answer In order to be eligible for a new six-year period of H1B time, one generally would need to be outside the U.S. for at least one year, and then go through the H1B lottery again.A person is generally allowed to use any remaining H1B time,...

30 Oct 2024

I am a student in F-1 status. I received an eMail from the U.S. consulate that issued my F-1 visa stamp saying that my visa was revoked. Am I out of status now? Do I need to take any action?

Answer A revocation of a visa "stamp" does not impact one’s immigration status in the U.S. It means, however, that you would have to apply for a new visa to return to the U.S. after a trip abroad, even though your existing visa stamp may still...