12 Mar 2020

I am in H1B status, but my wife is finishing school in India. She has a B-1/B-2 visa in her passport. Can she use this to visit me? Or does she need to get an H-4 visa?

Answer Normally, if a person has a valid B-1/B-2 visa, she could use this to request admission in order to visit her H1B spouse in the U.S. (11.Mar.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services,...

12 Mar 2020

I own a consulting firm and am submitting several H1B registrations on my own. If any are selected, can I use an attorney to file the actual petitions?

Answer Yes, regardless of how the registrations were filed, you may use an attorney to file your H1B petitions. (11.Mar.2020)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 © 2020,...

12 Mar 2020

My H1B I-94 is valid for another year, but I was unhappy with my job, so I quit. My employer told me he is going to send a withdrawal notice to the USCIS. Am I still eligible for the 60-day period?

Answer Yes, ordinarily, the fact that the employer has withdrawn the H1B petition would have no impact on your eligibility for the 60-day grace period. (11.Mar.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here....

04 Mar 2020

My H1B was approved through March 31st. However, the last time I entered the U.S., I was issued an I-94 valid through April 10th. Can I continue to work until April 10th? Or, can I at least stay until that date?

Answer CBP officers at the port of entry have the discretion to issue an I-94 10-days beyond the H1B petition end date. The foreign national cannot work during that 10-day period, but may remain in the U.S. during that time. (04.Mar.2020)Sheela Murthy and other senior attorneys...

04 Mar 2020

My NIW I-140 was approved, but the priority date will probably not be current for a number of years. Can I go back to India, and then return to the U.S. once my priority date is current?

Answer Leaving the U.S. normally would not impact the validity of the I-140. Assuming one is going to be outside the U.S. at the time the priority date becomes current, it should be possible to have the case processed at the local U.S. consulate. (04.Mar.2020)Sheela Murthy...

20 Feb 2020

I got my green card through my employer 4 1/2 years ago. To apply for citizenship, I understand that I need to be able to show five years of continuous residence in the U.S. However, my friend told me that I actually can file 3 months before reaching the 5-year mark. Is that true?

Answer In most circumstances, a naturalization application may be filed up to 3 months before the continuous residence requirements are met. This, of course, assumes one meets all of the other standard requirements to naturalize. See the MurthyDotCom InfoArticle, Basic Eligibility Requirements for Naturalization (05.Apr.2017) for...