The U.S. Department of State (DOS) has issued new instructions, effective 06.Sep.2025, that may sharply curtail the practice of third-country national (TCN) visa processing. The new guidance signals that most nonimmigrant visa (NIV) applicants will be expected to apply from within their country of nationality...
Answer Generally speaking, an H-4 visa “stamp” remains valid through the expiration date listed on the document. Changing status to B-2 typically would not prevent a person from later using the visa to request admission in H-4 status, assuming the principal spouse is in valid H1B...
Answer Because this petition is requesting a change of status, and not simply a change of employer while already in H1B status, it is necessary to wait for the H1B petition approval before starting employment again. (27.Aug.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies...
Answer Unfortunately, once a dependent child turns 21, they are no longer eligible for H-4 status through their parent. He cannot rely on a USCIS error to continue his stay in H-4 past his 21st birthday. (12.Aug.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies...
Answer Consular posts typically may issue an H1B visa “stamp” up to 90 days prior to the start date listed on the approved H1B petition. (12.Aug.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here....
Answer No, a denial of the H1B petition typically does not affect the PERM process. Similarly, if the PERM case is denied, the H1B petition normally would not be impacted. (06.Aug.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our...
Answer Yes, a foreign national ordinarily may continue to work in the H1B position until the H-4 COS is approved. Once the COS is approved, one typically may not work until the EAD is issued. The EAD may be issued around the same time as the...
Recently, the U.S. Citizenship and Immigration Services (USCIS) submitted a proposed rule to the Office of Management and Budget (OMB), titled "Weighted Selection Process for Registrants and Petitioners Seeking to File Cap-Subject H-1B Petitions." While the text of the proposed rule has not yet been...
Answer Yes, an LCA and H1B petition may list work locations in two different states. (29.Jul.2025)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 © 2025, MURTHY LAW FIRM. All...
Answer Unfortunately, the H-4 applicant typically must be physically in the United States at the time the H-4 EAD is filed. (29.Jul.2025)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...
