07 Sep 2022

Teleconference: Timing Issues – Green Card / H1B Extensions

The impact of timing issues when filing H1B and other nonimmigrant extensions and when the PERM process (i.e. green card) should be started are topics discussed by Murthy Law Firm attorneys in this teleconference.Employers and their representatives are invited to participate in the teleconference scheduled...

04 Aug 2022

If I get a U.S. master’s degree while in H-4 status, would that make me eligible for next year’s H1B master’s cap, or do I have to be in F-1 status to qualify?

Answer If you earn a U.S. master's degree from a qualifying university, you normally would qualify for the master's cap. There is no requirement that a person be in F-1 status while attending the school in order to qualify for the master's cap. (03.Aug.2022)Sheela Murthy and...

04 Aug 2022

USCIS Extends Flexibilities Related to the COVID-19 Pandemic

The U.S. Citizenship and Immigration Services (USCIS) has announced two accommodations being made related to the COVID-19 pandemic. First, the USCIS again has extended the response time flexibility, initially announced on March 20, 2020. Second, the USCIS has made permanent the policy that allows all...

20 Jul 2022

I was in H-4 status based on my father’s H1B. I have been studying in university and, shortly before I turned 21, I filed an application to change to F-1 status. That application is still pending, and it appears I may graduate before my F-1 is approved. Can I transfer to a master’s program based on the pending F-1 change of status application?

Answer No, unfortunately, it typically is not possible to update a pending F-1 change-of-status application based on a new program of study. Assuming you have already turned 21 (and therefore are no longer eligible for H-4 status through a parent), filing a new application to change...

05 Jul 2022

Nonimmigrant Visa Waivers – Process and Criteria

Foreign nationals may be deemed ineligible for admission (i.e. inadmissible) to the United States for a variety of reasons. Common grounds of inadmissibility include the following: medical grounds, criminal grounds, and immigration violations (including fraud or material misrepresentation in connection with an immigration benefit). In...

30 Jun 2022

I am working based on my H-4 EAD, which expires in August. My EAD renewal is pending. I have to go home to India for several months. How long can I work from India for the U.S. employer? Do I have to stop working once the current EAD expires?

Answer Ordinarily, if you are not physically in the United States, U.S. immigration law would not limit your ability to work for a U.S. employer. This would typically apply, regardless of whether the person has a valid EAD. (30.Jun.2022)Sheela Murthy and other senior attorneys provide guidance...