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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
24 May 2023

I am in H1B status and have an approved I-140. I own home and installed a shed in my backyard. My neighbor is threatening to sue, claiming that the shed violates local zoning laws, is encroaching on her property, etc. I believe my neighbor is completely mistaken, but, if she sues and somehow wins, is there any chance this could harm my current status or future green card case?

Answer A civil lawsuit generally would have no impact on a person's H1B status or green card application.  (24.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, MURTHY...

17:19 / FAQs / For Individuals / Resident / Worker
16 May 2023

I recently married a green card holder, and my husband is getting ready to sponsor me for a green card. I was on H1B status, but just got laid off. Does this prevent me from filing my I-485 application based on the I-130 my husband is filing?

Answer Assuming you are in your 60-day grace period, being laid off would generally not impact your ability to file your I-485 based on the I-130 petition filed by your husband. (16.May.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on...

07:55 / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident / 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
11 May 2023

I have used more than 5 years of H1B time and was recently laid off. I do not have an approved I-140, but, before being laid off, my employer reached the recruitment stage of my PERM case. If I find a new employer, is there a way to use that to extend my H1B beyond 6 years?

Answer Unfortunately, a PERM case that has only made it to the recruitment phase typically cannot be used as a basis for extending H1B status beyond the standard 6-year max. (11.May.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our...

06:22 / Employment Based / FAQs / For Individuals / Resident / Worker
11 May 2023

I was transferred to the U.S. in L-1 status a few weeks ago and just learned that I am going to continue getting paid in India, rather than being paid in the U.S. I will, however, be receiving the salary indicated in my L-1 petition. Is this allowed, or is it required that the U.S. company pay my salary?

Answer Generally speaking, it is permissible for an L-1 worker to be paid by the foreign entity rather than the petitioning entity in the United States. (11.May.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click...

06:19 / FAQs / For Employers / For Individuals / Worker
11 May 2023

My employer is filing my H1B cap case using regular processing. The hope is that the case will be approved before the requested October 1, 2023, start date. If it takes longer than expected, is it possible to change the case to premium processing after filing?

Answer Ordinarily, yes, it is possible to "upgrade" an H1B petition to premium processing at any time. (11.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, MURTHY LAW...

06:16 / FAQs / For Employers / For Individuals / Worker
04 May 2023

With all the news about fraudulent / duplicate H1B registrations submitted this year, does this mean there will be a second H1B lottery?

Answer We likely will not know for sure about a second lottery until July, at the earliest. But, given that there appears to have been a significant number of duplication registrations submitted, there definitely is reason to think a second lottery may be necessary. (03.May.2023)Sheela Murthy...

09:09 / FAQs / For Employers / For Individuals / USCIS News / Worker