18 Mar 2021

My father is in the U.S. in B-2 status, and his I-94 expires in a couple of weeks. His B-2 visa stamp expires next month. If he applies for a B-2 extension, can he request an end-date beyond the expiration date of the visa stamp?

Answer Ordinarily, the B-2 visa "stamp" must be valid at the time the person requests admission into the United States in B-2 status. Once the person is already in the U.S. in B-2 status, the visa expiration date has no impact on the individual's status. Similarly,...

11 Mar 2021

I am on H1B and my wife is on H-4. If we do not exceed the income limits, are we eligible to get the new round of stimulus checks?

Answer It appears most H1B workers will qualify.As with the previous stimulus bills, the American Rescue Plan Act of 2021 excludes "nonresident aliens," which is a term defined by tax law. Most H1B workers are considered "resident aliens" under tax law, and therefore not excluded from...

18 Feb 2021

My H1B extension was approved months ago, but my wife’s H-4 extension is still pending. My employer is filing an H1B amendment for me. Will this impact my wife’s pending H-4?

Answer Ordinarily, an H1B amendment would not impact a pending H-4 extension.  (18.Feb.2021)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 © 2021, MURTHY LAW FIRM. All Rights Reserved...

18 Feb 2021

My husband is in the U.S. in H1B, and I am working from India for a U.S. employer. Can I apply for an H-4 EAD from India? Or do I have to be in the U.S. to apply?

Answer In order to apply for an H-4 EAD, the foreign national generally must be physically in the U.S. Once the EAD application is filed, however, it typically is possible to travel abroad while the EAD application is pending.  (18.Feb.2021)Sheela Murthy and other senior attorneys provide...

01 Oct 2020

Overview of Coming Changes to Premium Processing

On September 30, 2020, the Continuing Appropriations Act, 2021 and Other Extensions Act was signed into law, funding the federal government through December 11, 2020. Included in the bill is a provision that dramatically changes the premium processing service offered by the U.S. Citizenship and...

13 Aug 2020

My H-4 change of status application is currently pending with the USCIS. Can I apply for an H-4 EAD now, or do I need to wait for the H-4 to be approved?

Answer Assuming you otherwise qualify for an H-4 EAD, it generally is possible to apply for the EAD while a change of status to H-4 is pending. Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click...