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14 Aug 2023

Department of State Updates Guidance on Material Misrepresentation Findings

Earlier this year, the U.S. Department of State (DOS) updated the guidance for how consular officers should determine whether a misrepresentation made by a foreign national is to be considered "material." Under the Immigration and Nationality Act, if a foreign national makes a misrepresentation regarding...

10:18 / Consulates / EB5 Investor / Employment Based / Family Based / For Families / For Individuals / Homeland Security / Immigrant Family / Investor / NewsBrief / Nonimmigrant Family / Resident / Student / Travel / Visitor / Worker
10 Aug 2023

MurthyAudio: Impact of Criminal Issues

The impact of criminal issues like DUI and shoplifting on nonimmigrant status and Lawful Permanent Residence (i.e. green card) are discussed by Murthy Law Firm attorneys in the podcast that aired 02.Aug.2023.The MP3 is available here and in the archive of our teleconferences and podcasts...

07:12 / Employment Based / Family Based / For Employers / For Families / For Individuals / Immigrant Family / MurthyAudio / Nonimmigrant Family / Resident / Student / Visitor / Worker
10 Aug 2023

I understand that the USCIS has said, if an H1B worker is laid off, they may apply for a change to B-1 status to search for a job. And, if you find a job while the B-1 is pending, the employer can file the H1B petition using premium processing, and the USCIS will adjudicate the B-1 application at the same time as the H1B. Does the same rule apply for H-4 applications? In other words, if I apply for a change of status to H-4 instead of B-1, and then an H1B is filed for me while it’s pending, will USCIS expedite the H-4?

Answer That's a good question without a clear answer. The USCIS has specified that a B-1 (or B-2) change of status application would be expedited if it is still pending when an I-129 requesting premium processing is later filed for the same person. But no mention...

06:34 / FAQs / For Employers / For Families / Nonimmigrant Family / Visitor / Worker
27 Jul 2023

My husband is moving to a new project location, and his employer just filed an H1B amendment. Do I need to file an amendment for my H-4 EAD?

Answer No, an H1B amendment typically would not impact the validity of an H-4 spouse's EAD. (27.Jul.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....

07:26 / FAQs / For Families / Nonimmigrant Family / Worker
20 Jul 2023

How long is the USCIS taking to adjudicate EAD applications?

AnswerThe USCIS has an online tool available that provides average processing time information for most types of applications and petitions. (20.Jul.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...

06:56 / FAQs / For Employers / For Families / For Individuals / Nonimmigrant Family / Worker
13 Jul 2023

Updated Guidance on I-140 EAD Based on Compelling Circumstances

The U.S. Citizenship and Immigration Services (USCIS) has released updated guidance for an employment authorization document (EAD) based on compelling circumstances for a person who has an I-140 immigrant petition approval. The updated guidance explains the eligibility criteria for a compelling circumstances EAD, gives examples...

07:54 / Employment Based / For Families / For Individuals / NewsBrief / Nonimmigrant Family / Resident / USCIS News
03 Jul 2023

Inadmissibility and Immigrant / Nonimmigrant Waivers

A foreign national may become subject to inadmissibility for a variety of reasons. Those deemed inadmissible are not eligible for immigrant or nonimmigrant visas, admission to the United States, extension of nonimmigrant status, or adjustment of status to that of a lawful permanent resident (LPR)....

08:11 / Consulates / For Families / For Individuals / Homeland Security / Immigrant Family / NewsBrief / Nonimmigrant Family / Resident / Travel / USCIS News
21 Jun 2023

I applied for an H-4 extension and an H-4 EAD at the same time. My extension was approved, but my EAD is still pending. Is it okay if I travel outside the U.S., or should I stay here until the EAD is approved?

Answer Ordinarily, leaving the U.S. would not impact a pending H-4 EAD application.  (21.Jun.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 Rights Reserved...

17:25 / FAQs / For Families / Nonimmigrant Family / Travel