29 Jun 2020

MurthyAudio: Murthy Discusses Presidential Proclamation Impacting H1B, L-1, and Certain Other NIV Holders

Late on the evening of June 22, 2020, the Trump Administration issued a Presidential Proclamation that impacts individuals applying for certain nonimmigrant visas (NIVs). Specifically, the travel ban applies to certain NIVs like the H1B, H2B, L-1, certain J holders, and their dependents.There is fear...

23 Jun 2020

My employer is about to file my H1B cap case. Does the executive order prevent them from filing the petition?

Answer The executive order should not impact H1B cap or non-cap filings within the U.S. The USCIS should still be able to adjudicate all such petitions, as before the issuance of the Presidential Proclamation. If the petition is approved, however, and you are not in the...

23 Jun 2020

I am in the U.S. in H1B status, but my wife and child have been stuck in India since March. Can they return to the U.S. in H-4 status?

Answer If your wife and child each have valid H-4 visa "stamps" in their passports, the executive order should not impact them. Unfortunately, if they do not have valid visas already, it appears they would be prevented from applying for and obtaining the H4 visa stamp....

17 Jun 2020

My mother is visiting me in the U.S., but her tourist visa expires next month. I want to apply for a 6-month extension for her. Can the USCIS grant an extension beyond the visa expiration date?

Answer The visa "stamp" in the passport is only an entry document - it is presented to customs at the airport to seek admission to the U.S. The end date on the stamp has nothing to do with one's authorization to remain in the USA. That...

09 Jun 2020

Is it true that President Trump is about to issue an executive order to stop all H1B filings?

Answer We have heard several rumors recently that the President will issue a proclamation as early as June 15th (or June 11th, according to other online sources) that would temporarily prevent foreign nationals from entering the U.S. in H1B, L-1, H2B, or J-1 status. According to...

09 Jun 2020

I am a green card holder, but have been staying in India since December 2019 to take care of my parents. I planned on coming back to the U.S. within six months, but the pandemic has forced me to stay in India longer. What should I do? Are there any special allowances being made because of COVID-19?

Answer There are many green card holders who have found themselves stuck outside the U.S. for a prolonged period of time. There are no special rules that have been created because of the pandemic, but the mere fact that you have been outside the country for...