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19 Dec 2019

I am in H-4 status and am enrolled in university in New York. My husband just got a great job offer for an H1B position in Minnesota. Can I stay in New York to finish my studies, or does the H-4 spouse have to live in the same place as the H1B spouse?

Answer There is no requirement that an H-4 spouse live with the principal H1B spouse. As long as he maintains valid H1B status, you normally would remain eligible for H-4 status, even if you are not currently living in the same household. (18.Dec.2019)Sheela Murthy and other...

13:19 / FAQs / For Families / For Individuals / Nonimmigrant Family / Worker
12 Dec 2019

Employer B filed an H1B change of employer petition for me, and it was just approved. I now wish to remain with Employer A. Is that possible?

Answer Generally speaking, there is no requirement that the beneficiary move to the new employer once the H1B change of employer has been approved. As long employer A's approved H1B petition remains valid, the H1B worker typically is permitted to remain with that employer. (11.Dec.2019)Sheela Murthy...

12:54 / FAQs / For Employers / For Individuals / Worker
12 Dec 2019

I am in H1B status and my wife is in H-4 status. She was issued an H-4 EAD based on my approved I-140. If she moves to H1B status, and I then change to H-4 status, can I use my approved I-140 to apply for an H-4 EAD?

Answer No, you cannot use your own approved I-140 to qualify for an H-4 EAD. (11.Dec.2019)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 © 2019, MURTHY LAW FIRM. All Rights...

12:45 / Employment Based / FAQs / For Families / For Individuals / H-4 Dependents / Nonimmigrant Family / Resident
05 Dec 2019

I am a U.S. citizen, and I recently married a Canadian citizen who is here in TN status. We just filed her I-130 and I-485 cases concurrently. It now looks like her employer may shut down soon, so she would fall out of TN status. If that happens before the I-485 is approved, can she still remain in the U.S.?

Answer Generally speaking, if an I-485 is timely filed, a person may remain in the U.S. in a period of authorized stay based on the pending I-485. (04.Dec.2019)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services,...

15:34 / Family Based / FAQs / For Individuals / Resident / Worker
05 Dec 2019

My wife and I are in H1B status, and our 8-year-old son is a U.S. citizen. Can he sponsor us for a green card?

Answer Ordinarily, a U.S. citizen child cannot sponsor his parents for a family-based green card until he reaches the age of 21. (04.Dec.2019)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...

15:31 / Family Based / FAQs / For Families / For Individuals / Resident / Worker
05 Dec 2019

I am a green card holder and will be applying for U.S. citizenship next year. If I get health insurance through Obamacare, will that prevent my citizenship application from being approved because of the new public charge rule?

Answer Several federal courts have blocked the new public charge rule from going into effect. Even if the rule eventually does go into effect, however, it normally would not have any impact on an application to become a U.S. citizen. There is no public charge analysis...

15:27 / Citizen / FAQs / For Individuals / Homeland Security / Resident
27 Nov 2019

I was in H1B status and, right before my I-94 expired, I applied for a change of status to H-4. Two weeks later, my former employer sent me my final paycheck. Is it a problem that I am receiving this payment even though I am no longer in H1B status?

Answer Generally speaking, so long as the foreign national was in valid H1B status at the time the work was performed, being paid after the H1B expiration date would not be a violation of immigration law. (27.Nov.2019)Sheela Murthy and other senior attorneys provide guidance that clarifies...

10:27 / FAQs / For Employers / For Individuals / Worker
27 Nov 2019

I am in H1B status, and my wife and child are in H-4. My employer asked me to travel to India for three weeks to provide some training at the parent company. Can my wife and child stay in the U.S. for the duration of my trip?

Answer The USCIS may limit, deny, or refer for removal an H-4 dependent who is not primarily intended for the purpose of being with the principal worker in the United States. Further, USCIS officers may adjudicate applications for dependent stays in order to prevent an H1B...

10:20 / FAQs / For Employers / For Families / For Individuals / Nonimmigrant Family / Travel / Worker
27 Nov 2019

I am a U.S. citizen, and I recently filed a family-based green card case for my sister, who is disabled. Is there a way to expedite the process based on her disability?

Answer It is possible to ask USCIS to expedite an I-130 petition. However, unless there is a compelling reason, the USCIS is likely to deny such a request. More importantly, even if the request is granted, this actually would not resolve your issue.There is an extensive...

10:13 / Citizen / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident