04 Apr 2024

Murthy Snapshot: USCIS Increases Automatic Extension for Certain EAD Renewals

The U.S. Citizenship and Immigration Services (USCIS) soon will publish a temporary final rule in the Federal Register that will increase the automatic extension period of certain employment authorization documents (EADs) while the form I-765 renewal application is pending. Here are the key points you...

27 Mar 2024

I was laid off and got two job offers – one for a part-time position and the other for a full-time position. Can I have two change-of-employer petitions filed for me at the same time if they are both filed before the end of my grace period?

Answer Yes, it is possible for two H1B change-of-employer petitions to be filed for the same person at the same time. But, if the person wishes to work for both employers at the same time, one of the petitions should request concurrent employment. (17.Mar.2024)Sheela Murthy and...

21 Mar 2024

Importance of Accurate & Consistent Birth Documents in Immigration Filings

The Murthy Law Firm routinely receives calls from individuals asking how to deal with birth documents that have incorrect information. Foreign nationals seeking to apply for U.S. immigration benefits should ensure that the birth information on official documents, like birth certificates and passports, is accurate....

20 Mar 2024

My PERM was filed about 9 months ago. My H1B expires in about 5 months, at which point I will have reached my full 6 years of H1B time. Do I need to wait until the PERM has been pending a full 365 days before we file my H1B extension requesting an additional year?

Answer Generally speaking, it is possible to request a 7th year extension of H1B status before a PERM has been pending for the full 365 days, as long as the requested start date is within the next six months, and as long as the PERM will...

20 Mar 2024

I am in the U.S. on H1B, but my wife is remaining in India for another year while completing university. When she can, she will be visiting for relatively short visits, and then returning to India. Given that these will be short trips, should she just come on her B-2 visa?

Answer Although it is permissible to request admission on B-2 to visit one's H1B spouse, in most circumstances, it probably makes sense to obtain an H-4 dependent visa. As long as the principal H1B worker is in valid status, a dependent typically can request admission in...