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16 Jul 2018

My wife is invested in a partnership with a U.S. citizen friend to acquire a fast food restaurant. She helps to run the store using her H-4 EAD. If the H-4 EAD program is terminated, what options does she have to keep running her restaurant?

Answer Unfortunately, one in this situation would likely have to become a passive investor in the business. One could continue to receive profits, but could not be actively involved in the business. (16.Jul.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance...

14:08 / FAQs / For Families / Nonimmigrant Family
13 Jul 2018

NewsFlash! New Memo Makes it Easier for USCIS to Deny Cases Without First Issuing RFE or NOID

This afternoon, the U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum that provides officers with more discretion to deny an application or petition without first having to issue either a request for evidence (RFE) or notice of intent to deny (NOID). This memo...

18:03 / Citizen / Employment Based / Family Based / For Employers / For Families / For Individuals / Immigrant Family / Investor / NewsBrief / Nonimmigrant Family / Resident / Student / USCIS News / Visitor / Worker
18 Jun 2018

An RFE was issued on my H1B petition, and another was issued on my wife’s H-4 application. Can we send both responses together in the same USPS or FedEx envelope?

Answer In general, yes, both should be sent in the same envelope to ensure they reach the combined files. (18.Jun.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click...

13:59 / FAQs / For Families / For Individuals / Nonimmigrant Family / Worker
11 May 2018

Updated Rulemaking Agenda Again Lays Out Trump’s Harsh Plans for Foreign Nationals

At the end of 2017, MurthyDotCom summarized a number of concerning immigration regulations under consideration by the Trump Administration in the NewsBrief, Troubling Immigration Rules, Including End of H-4 EAD, on Trump’s Rulemaking Agenda (2017.Dec.15). While none of the rules has yet come to light,...

09:51 / EB5 Investor / F-1 / For Employers / For Individuals / H-4 Dependents / M-1 / NewsBrief / Nonimmigrant Family / Student / USCIS News / Worker
23 Apr 2018

I am on H1B. Is there any way to have my mother accompany me to the U.S. as my dependent?

Answer One's mother would not be eligible for H-4 status, but it may be possible to obtain extended B-2 status as a "household member." Please see the MurthyDotCom NewsBrief, B-2 Visas for Household Members of Long-Term Nonimmigrants (05.Dec.2016). (23.Apr.2018)In frequent sessions of our Chat, Sheela Murthy...

13:59 / FAQs / For Families / For Individuals / Nonimmigrant Family / Visitor / Worker
02 Apr 2018

I am in H-4 status and am in the process of getting a divorce from my H1B husband. How many days may I remain in the U.S. once my divorce is finalized?

Answer There is no grace period in this scenario. Once a divorce is finalized, the (former) dependent spouse is no longer eligible for H-4 status. You typically would fall out of status as soon as the divorce is official (although, depending on the circumstances, you won't...

18:37 / FAQs / For Families / For Individuals / Nonimmigrant Family