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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
24 May 2023

Now that nearly all the COVID-19 pandemic restrictions and flexibilities have been eliminated, is it still possible to apply for a visa at a U.S. consulate that is not in your home country?

Answer Many, if not most U.S. consular posts accept third-country national visa applicants. Some, however, do significantly limit which third-country nationals qualify. If a consular post has any restrictions on visa applications by third-country nationals, this information typically can be found on the consulate's website. (24.May.2023)Sheela...

17:25 / Consulates / FAQs / For Individuals / Travel
24 May 2023

I am in H1B status and my I-140 was just approved. My wife has been working for a U.S. company from India, and now wishes to apply for an H-4 EAD. Is it possible for her to apply from India?

Answer Unfortunately, in order to apply for an H-4 EAD, the individual normally must be physically in the United States when the application is filed. It is, however, typically possible to leave the U.S. while the EAD application is pending. (24.May.2023)Sheela Murthy and other senior attorneys...

17:23 / FAQs / For Families / For Individuals / Nonimmigrant Family / Travel / Worker
16 May 2023

I recently entered the U.S. using my advance parole document. Can my wife now enter in H-4 status?

Answer Unless the principal spouse is in valid H1B status, the dependent spouse typically cannot enter in H-4 status. (16.May.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,...

07:51 / FAQs / For Families / For Individuals / Nonimmigrant Family / Travel / Worker
27 Apr 2023

I was planning to travel to the U.S. for a wedding. I applied for a B-1/B-2 visa, which was issued for 10 years. My plans have now changed, and I will not be traveling to the U.S. at this time. If I do not travel until next year, can I still use the same visa?

Answer Typically, as long as the B-1/B-2 visa has not expired, it can be used to request admission in B-1/B-2 status.  (27.Apr.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...

08:09 / B-1 / B-2 / FAQs / For Individuals / Travel / Visitor
06 Apr 2023

I am on H-4 and my registration was selected in this year’s lottery. I will be traveling to India soon to visit family. Do I have to be in the United States when the H1B petition is filed?

Answer While it is possible to file an H1B petition while the beneficiary is outside the United States, the case would have to be filed for consular notification (also commonly called "consular processing"). If the case is filed for consular notification, the USCIS will not approve...

09:10 / Consulates / FAQs / For Employers / For Families / For Individuals / Nonimmigrant Family / Travel / USCIS News / Worker