Answer It is possible to make an expedite request. However, unless you can evidence a truly compelling reason, the request is not likely to be granted. An overview of the current expedite criteria can be found in the 03 June 2019, MurthyDotCom NewsBrief, USCIS Implements Stricter...
Answer The executive order issued by Trump in June 2020 related to the issuance of certain types of work visas, including H1B visas, does not apply to anyone who was physically present in the United States as of June 24, 2020. (28.Jan.2021)Sheela Murthy and other senior...
Answer This remains a grey area of the law. Presumably, if you hired a property management company to take care of everything (e.g., listing the property, cleaning it, getting repairs done, etc) a strong argument could be made that this is a passive investment, and therefore...
Answer There is a widespread misconception that President Biden has proposed providing green cards to undocumented immigrants at the expense of those working legally in the United States. In reality, President Biden has proposed a single bill that would both provide a path for undocumented immigrants...
Answer It is unclear if or when premium processing may be made available for H-4 EADs. It certainly is possible, but there is no word yet from the new administration. As for standard processing times, it is hard to imagine processing times could get much worse...
Answer There is no official word on this, as of yet. But, given the timelines involved, it seems unlikely that this rule will be in place for the upcoming lottery. (21.Jan.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our...
Answer The USCIS is experiencing significant delays in issuing receipt notices for the I-485s filed at lockboxes in October. You can try sending an eMail to the USCIS lockbox support at lockboxsupport@uscis.dhs.gov. However, it appears that many of these inquiries are going unanswered. (14.Jan.2021)Sheela Murthy and...
Answer The interview requirement for all employment-based I-485 applications was implemented by the Trump Administration in 2017. Undoubtedly, that is one of the factors that has led to USCIS processing delays. It is possible the Biden Administration could reverse this requirement. However, as of yet, there...
Answer Yes. Ordinarily, a company can file a PERM case for an individual regardless of whether the person is in the United States. (14.Jan.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more...
Answer The 240-day rule applies to the extension of employment authorization for certain categories of nonimmigrant workers. It does not apply to B-2 applicants. Typically, if an application to extend status is timely filed, the applicant may remain in the U.S. in a period of authorized...
