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16 Feb 2023

After completing my undergraduate degree in the U.S., instead of using OPT, I moved directly to a master’s program. When I complete this, can I use the OPT period from the bachelor’s plus the OPT period from the master’s program?

Answer No. If OPT is not used following the completion of one program, that OPT period cannot be added to OPT available through the completion of a subsequent program. (15.Feb.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...

08:27 / FAQs / For Individuals / Student
09 Feb 2023

My brother is a partner in a U.S. company. Can that company file a PERM case for me? Would the fact that a family member owns part of the company increase the chances of it being denied?

Answer If the sponsoring company is owned by someone related to the foreign national being sponsored, that definitely can lead to a denial in a PERM case. In order for the case to be approved in that situation, the employer must be able to demonstrate that...

10:22 / Employment Based / FAQs / For Employers / For Individuals / Resident
09 Feb 2023

I am in H-4 status and my I-94 expires in 4 months. I am applying for an extension of status, but my passport expires later this year. Can the USCIS approve my extension beyond the passport validity date?

Answer Ordinarily, yes. The shortened passport generally is an issue at the port of entry, where it will result in a short-duration I-94 (tied to the passport validity). But the USCIS typically can grant an extension of status beyond the expiration date of the passport.  (09.Feb.2023)Sheela...

10:13 / FAQs / For Families / For Individuals / Nonimmigrant Family / Worker
09 Feb 2023

I am in H1B status and have an approved I-140. If I move to H-4 status and work on an EAD, will that have a negative impact on my green card case?

Answer A change from H1B to H-4 typically would have no impact on the I-140.  (09.Feb.2023)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 © 2023, MURTHY LAW FIRM. All...

10:07 / Employment Based / FAQs / For Families / For Individuals / Nonimmigrant Family / Resident / Worker
08 Feb 2023

2023 Poverty Guideline: Impacts on Affidavits of Support

Each year, the U.S. Department of Health and Human Services (HHS) is responsible for setting federal poverty guidelines, which are used to determine whether an individual or family qualifies for certain government benefits. These guidelines are important in the immigration context, particularly with respect to...

17:44 / Employment Based / Family Based / For Families / For Individuals / Immigrant Family / NewsBrief / Resident
02 Feb 2023

I have less than one year of H1B time remaining, but the USCIS recently approved my H1B extension for three years. Am I allowed to remain in H1B status for the extra two years?

Answer The USCIS has been known to occasionally approve an H1B for a longer duration than is legally allowed. As a general rule, one should not rely on a USCIS error, as the USCIS generally will not consider themselves bound by their own mistakes. Assuming you...

16:33 / FAQs / For Employers / For Individuals / Worker