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13 May 2021

In order for me to qualify for an EB2 position with my current employer, I need to evidence my work experience with my previous employer, but my old employer will not give me an experience verification letter. Can I force them to give one to me?

Answer There is no requirement under immigration law that normally would force a former (or current) employer to provide you with an employer verification letter. However, there may be other options to evidence your previous work experience, such as affidavits from former co-workers.  (13.May.2021)Sheela Murthy and...

09:29 / Employment Based / FAQs / For Individuals / Resident / Worker
06 May 2021

If I travel from India to Mexico and stay there for two weeks, can I then enter the U.S.? Or would the travel ban still apply to me?

Answer The suspension of travel from India due to the pandemic only applies to people who were physically in India during the past 14 days. If a person travels to a third country, such as Mexico, for two weeks, the travel ban would not prevent that...

08:31 / Employment Based / Family Based / FAQs / For Employers / For Families / For Individuals / Immigrant Family / Nonimmigrant Family / Resident / Student / Travel / Worker
06 May 2021

My H1B is valid for another year, but I am not happy with my employer and wish to quit. I may apply for a change to F-1, or I may go to a school in Canada. If my employer revokes my H1B after I quit, will I still be eligible for the 60-day grace period?

Answer Yes, even if your employer withdraws the H1B petition, this will not prevent you from utilizing the 60-day grace period.  (06.May.2021)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...

08:26 / FAQs / For Individuals / Worker
05 May 2021

Exemptions and Exceptions to Proclamation Suspending Travel from India to Curb COVID-19

President Biden's Proclamation suspending travel from India, first announced on Friday, April 30, 2021, is now effective. The Proclamation bans the entry of nonimmigrants who were physically present in India during the last 14-days, and is effective until further notice.Importantly, this prohibition on entry has...

17:51 / Employment Based / Family Based / For Employers / For Families / For Individuals / Immigrant Family / NewsBrief / Nonimmigrant Family / Resident / Student / Travel / Worker
22 Apr 2021

My H1B extension was approved, but my wife’s H-4 and H-4 EAD applications are still pending. If I file a new I-539 and I-765 for her, will she have to do biometrics again?

Answer Generally speaking, a change of employer by the principal H1B spouse would not impact a pending H-4 or H-4 EAD, and would not necessarily require the filing of a new H-4 or EAD application. However, if a new application is filed, the USCIS may require...

11:01 / FAQs / For Families / For Individuals / H-4 Dependents / H1B / Nonimmigrant Family / Worker
22 Apr 2021

I am working in the U.S. in H1B status and I am a minority owner of a business in India. I am not doing any work for the Indian company, but the company is scheduled to issue me a payment based on the company’s profits. Am I allowed to accept that money while in H1B status?

Answer Generally speaking, income from a passive investment would not be a violation of H1B status. (22.Apr.2021)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 © 2021, MURTHY LAW FIRM....

10:57 / FAQs / For Individuals / Worker