18 Feb 2021

My H1B extension was approved months ago, but my wife’s H-4 extension is still pending. My employer is filing an H1B amendment for me. Will this impact my wife’s pending H-4?

Answer Ordinarily, an H1B amendment would not impact a pending H-4 extension.  (18.Feb.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. All Rights Reserved...

18 Feb 2021

My husband is in the U.S. in H1B, and I am working from India for a U.S. employer. Can I apply for an H-4 EAD from India? Or do I have to be in the U.S. to apply?

Answer In order to apply for an H-4 EAD, the foreign national generally must be physically in the U.S. Once the EAD application is filed, however, it typically is possible to travel abroad while the EAD application is pending.  (18.Feb.2021)Sheela Murthy and other senior attorneys provide...

11 Feb 2021

I read online that President Biden is re-implementing the Trump policy of requiring detailed documents from end-clients when filing H1B petitions. Is that true?

Answer No, this is not true. The USCIS memo you are referencing was issued by the Trump Administration in February 2018. In June 2020, the USCIS officially rescinded the memo as part of a settlement agreement between the USCIS and IT Serve Alliance.The USCIS webpage that...

11 Feb 2021

I am working in H1B status and got a job offer from a cap-exempt employer. If I move to this new employer, and later want to move back to a cap-subject employer, will I have to go through the lottery again?

Answer Assuming you have been counted against the H1B cap, moving to a cap-exempt employer would not prevent you from later returning to a cap-subject employer.  (11.Feb.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click...

04 Feb 2021

I am in H1B status working from my home office. My client is about to change, but I will continue to work from home. My employer says we therefore do not need to file an H1B amendment. Is that correct?

Answer Even if there is no change in the physical work location, if there will be a material change in the job from what was presented in the H1B petition, an H1B amendment generally must be filed.  (04.Feb.2021)Sheela Murthy and other senior attorneys provide guidance that...

04 Feb 2021

My H1B is valid for a few more months and I have a valid visa stamp. My employer just filed for my extension. Can I travel abroad while the extension is pending if I return before my current petition expires?

Answer Yes, this generally is permissible. International travel ordinarily does not impact a pending H1B extension. (04.Feb.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....

04 Feb 2021

I applied for a B-2 visa a few years ago to attend a wedding. The visa was approved, but I unexpectedly had to remain in India. I have yet to use the visa, but now wish to enter to visit my son in the U.S. Do I need to get a new B-2 visa?

Answer In most cases, a B-2 (or B-1/B-2) visa is issued for 10 years with multiple reentries permitted. Assuming the visa is still valid, it typically can be used to request admission for any permissible B-2 activity (which includes visiting a relative).  (04.Feb.2021)Sheela Murthy and other...