Answer A person typically qualifies for a new period of OPT after each educational level. The “master’s” period of OPT would be exhausted after completing the Computer Engineering degree. So, a new period of OPT would not be available based on the completion of an......
26 January 2023Answer The visa foil is just an entry document; one’s valid F-1 status is governed by the SEVIS database. A valid visa foil is not required for a new program. It will only be necessary if one seeks to reenter the U.S. after foreign travel.......
26 January 2023The U.S. Citizenship and Immigration Services (USCIS) has announced that the premium processing service soon will be made available for all new and pending I-140 petitions filed under the EB1(c) multinational executive and manager category and EB2 national interest waiver (NIW) I-140 petitions. The USCIS......
18 January 2023Answer To qualify for the master’s cap, one must have a master’s degree or higher from a qualifying U.S. university. This applies, even if you will not be using that degree to qualify for the H1B position. (04.Jan.2023) Sheela Murthy and other senior attorneys provide......
05 January 2023Many aspects of immigration law are tied to expiration dates, grace periods, filing deadlines, and other date-driven matters. So, it is vitally important to keep informed and on top of calendar items and timelines specific to one’s immigration process. Many serious problems can be avoided......
04 January 2023The holiday season provides many with opportunities to have a good time, and a few drinks, with friends. Those who choose to do so should arrange for a designated driver or other safe, sober transportation home. Alcohol-related arrests, not to mention serious accidents, are all......
28 December 2022When an individual applies for an F-1, H1B, or other nonimmigrant visa at the U.S. consulate abroad, it can be fairly common to be refused initially under Section 221(g) of the Immigration and Nationality Act (INA). This broad section applies to a wide variety of......
05 December 2022For people not accustomed to the open displays of merchandise typical in the United States, the opportunity to pick up a few small items could prove tempting. Many newcomers to this country do not realize that seemingly minor crimes can have very serious immigration, as......
23 November 2022The U.S. Department of Education (DOE) terminated recognition of the Accrediting Council for Independent Colleges and Schools (ACICS) as an accrediting agency on August 19, 2022. The U.S. Citizenship and Immigration Services (USCIS), in turn, recently issued an alert explaining the immigration impact this loss......
21 November 2022Legalization or decriminalization of marijuana at the state level can mislead noncitizens into thinking using marijuana in accordance with state law is legal. Marijuana, however, is a controlled substance under federal law. Therefore, the use, sale, purchase, or even the mere possession of marijuana, in......
15 November 2022Mr. Don Heflin, the Minister Counselor for Consular Affairs at the U.S. Embassy in India, recently conducted a question-and-answer session to update the public on the state of visa appointments at U.S. consulates in India. Staffing Levels Mr. Heflin noted that staffing levels at the......
03 November 2022Under U.S. immigration law, if a foreign national applies for a nonimmigrant visa or for admission to the United States as a nonimmigrant, the application often can only be approved if the individual can demonstrate a lack of immigrant intent. There are a few notable......
31 October 2022The D.C. Circuit Court recently ruled in favor of the U.S. government in a lawsuit brought by a worker’s union, holding the F-1 optional practical training (OPT) and STEM OPT programs were lawfully enacted. The union unsuccessfully argued that the statute passed by Congress that......
27 October 2022Answer The fact that the I-130 petition was filed for consular processing would not prevent the beneficiary from instead applying for adjustment of status. However, until the priority date is current, it generally is not possible to file an I-485 application. (19.Oct.2022) Sheela Murthy and......
20 October 2022Answer Unfortunately, this generally is not permissible. If a person uses any amount of OPT following completion of one level of education, that person would not qualify for OPT again unless the person changes to a higher educational level (e.g., PhD program.) (08.Sep.2022) Sheela Murthy......
08 September 2022On August 10, 2022, the U.S. Department of State (DOS) shared a briefing where Ms. Julie M. Stufft, Deputy Assistant Secretary for Visa Services in the Bureau of Consular Affairs, discussed the status of immigrant and nonimmigrant visa processing at U.S. embassies and consulates around......
29 August 2022Answer Generally speaking, yes, it is possible to be self-employed during the initial OPT period, even if the position is unpaid. (24.Aug.2022) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more......
25 August 2022Answer Having a pending I-485 would not automatically prevent a person from applying for a change of status to F-1. But, the USCIS would likely deny the F-1 application based on immigrant intent. (24.Aug.2022) Sheela Murthy and other senior attorneys provide guidance that clarifies the......
25 August 2022In 2004, the U.S. Citizenship and Immigration Services (USCIS) confirmed the continued validity of an approved change-of-status petition with a future start date, when a person travels abroad after such approval but reenters the United States before the future start date is reached. This clarification......
08 August 2022Answer If you earn a U.S. master’s degree from a qualifying university, you normally would qualify for the master’s cap. There is no requirement that a person be in F-1 status while attending the school in order to qualify for the master’s cap. (03.Aug.2022) Sheela......
04 August 2022The U.S. Citizenship and Immigration Services (USCIS) has announced two accommodations being made related to the COVID-19 pandemic. First, the USCIS again has extended the response time flexibility, initially announced on March 20, 2020. Second, the USCIS has made permanent the policy that allows all......
04 August 2022The U.S. consulates in India have recently altered the method for a visa applicant to appear for a follow-up appointment following a 221(g) refusal. The new process appears to be an improvement over the prior method, which required the applicant to schedule the follow-up appointment......
02 August 2022Answer No, there normally would be no need to file an application with the USCIS to move in F-1 status from a bachelor’s program to a master’s program. (20.Jul.2022) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our......
20 July 2022Answer No, unfortunately, it typically is not possible to update a pending F-1 change-of-status application based on a new program of study. Assuming you have already turned 21 (and therefore are no longer eligible for H-4 status through a parent), filing a new application to......
20 July 2022Foreign nationals may be deemed ineligible for admission (i.e. inadmissible) to the United States for a variety of reasons. Common grounds of inadmissibility include the following: medical grounds, criminal grounds, and immigration violations (including fraud or material misrepresentation in connection with an immigration benefit). In......
05 July 2022Answer Yes, generally speaking, if the position otherwise meets the OPT requirements, it is possible to work as an unpaid intern during the initial OPT period. However, the U.S. Department of Homeland Security (DHS) has indicated that unpaid internships during a STEM OPT extension are......
30 June 2022Answer There is no requirement that a person be in H1B status for a company to initiate a PERM case for that individual. (01.Jun.2022) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here.......
02 June 2022Most foreign nationals in the United States must report address changes to the U.S. Citizenship and Immigration Services (USCIS). The legal timeframe for this notification is just ten days. The process is simple and free, and helps to facilitate proper delivery of official notices and......
26 May 2022Answer Yes, it is possible. However, each employer must fully comply with the standard STEM OPT requirements, including the requirement that it employ the individual for a minimum of 20 hours per week. (04.May.2022) Sheela Murthy and other senior attorneys provide guidance that clarifies the......
05 May 2022The Student and Exchange Visitor Program (SEVP) has extended the guidance issued in March 2020 for the 2022-23 academic year. This guidance allows certain continuing F and M students to enroll in more distance learning (e.g., online classes) than normally allowed. This accommodation was made......
02 May 2022Regular readers of MurthyDotCom have likely come across the terms: lawful status, period of authorized stay, and unlawful presence. These related, yet distinct concepts can play a very important role in one’s immigration matters. However, the differences can be subtle and complex. In many situations,......
19 April 2022Today, the U.S. Citizenship and Immigration Services (USCIS) announced multiple initiatives to help streamline the adjudication of benefit requests and reduce significant backlogs. Most importantly, the agency announced that the Department of Homeland Security (DHS) has finalized the rule expanding premium processing to additional application......
29 March 2022Answer There are no special visas available specifically based on the invasion of Ukraine. However, depending on the circumstances, there may be options to apply for a nonimmigrant visa. One option may be to apply for a B-1/B-2 visa. One hurdle with this option is......
17 March 2022A U.S. federal district court has approved a preliminary settlement agreement for former students of the University of Northern New Jersey (UNNJ), a fictitious university created by the U.S. Department of Homeland Security (DHS) in 2012. Following the closure of UNNJ in 2016, the DHS......
14 February 2022The Biden Administration has announced several immigration actions being taken to attract and retain science, technology, engineering, and mathematics (STEM) talent in the United States. The goal of these actions is to make the United States a more attractive option for students studying STEM and......
09 February 2022Answer Assuming the master’s was issued by a public university or other nonprofit institution that is accredited, yes, you likely qualify. There is no requirement that one be in F-1 status in order to qualify for the master’s cap. (02.Feb.2022) Sheela Murthy and other senior......
03 February 2022The U.S. Citizenship and Immigration Services (USCIS) has released guidance to clarify that if a foreign national files an application to extend / change nonimmigrant status (form I-539) online, and biometrics are required, the USCIS will transmit the biometrics notice solely via the applicant’s USCIS......
20 January 2022Answer A number of special allowances have been made due to the ongoing pandemic. One such allowance is that foreign nationals engaged in OPT or STEM OPT are permitted to work remotely from outside the United States if the employer has an office outside of......
12 January 2022Current trends in the Biden Administration, including USCIS adjudications, visa issuance at the consulates, and issues at ports of entry after traveling abroad are discussed by Murthy Law Firm attorneys in this podcast from 05.Jan.2022. The MP3 is available here and in the archive of......
11 January 2022Answer First off, note that the general itinerary requirement that had been in place was rescinded in 2020. So, there is a good chance your employer is not required to submit an itinerary. That being said, if your employer is submitting an itinerary, there is......
29 December 2021The U.S. Department of State (DOS) is temporarily making it much easier for many nonimmigrant visa applicants to qualify for a waiver of the in-person interview requirement. Commonly referred to as the “drop box” process, the rule expanding eligibility is scheduled to remain in effect......
28 December 2021As of November 8, 2021, in order to board a flight bound for the United States, foreign nationals are generally required to provide evidence of being fully vaccinated against COVID-19. Additionally, irrespective of citizenship and vaccination status, all air passengers ages 2 or older must......
06 December 2021Answer Generally speaking, it is possible to remain on OPT rather than apply for a change to H1B with the previous employer. Typically, this would not have a negative impact on the individual. (02.Dec.2021) Sheela Murthy and other senior attorneys provide guidance that clarifies the......
02 December 2021Effective November 8, 2021, the Biden Administration is rescinding the COVID-19 related travel restrictions based on several presidential proclamations. In its place, President Biden has issued a proclamation that requires nearly all nonimmigrant international air travelers to be fully vaccinated against COVID-19 before being admitted......
04 November 2021The Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman) has released a tip sheet to guide customers in communicating with the U.S. Citizenship and Immigration Services (USCIS). The USCIS has implemented a number of changes to reduce reliance on live assistance by telephone......
25 October 2021Answer There is no requirement that a person take classes while in F-1 status in order to qualify for the master’s cap. (13.Oct.2021) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access......
14 October 2021Answer No, ordinarily, it is not possible to apply for a visa “stamp” from within the United States. (13.Oct.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. ......
14 October 2021The U.S. Department of Homeland Security (DHS) has a centralized traveler redress program intended to help individuals who have had problems during the travel screening process. The program, known as the DHS Traveler Redress Inquiry Program, or “DHS TRIP,” provides a single point of contact......
11 October 2021Answer This should not be a cause for concern. F-1 students now are generally eligible for blanket waivers. Therefore, no annotation is needed. (02.Sep.2021) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here.......
02 September 2021Answer Initially, the guidance from the U.S. Department of State (DOS) regarding F-1 students returning to the U.S. was extremely vague. Fortunately, the DOS has recently clarified that F-1 students (including those on CPT or OPT) who will resume their programs on or after August......
19 August 2021The U.S. Citizenship and Immigration Services (USCIS) has signed a settlement agreement with a group of F-1 students affected by long delays in processing of optional practical training (OPT) and 24-month STEM OPT extension applications. The settlement agreement potentially benefits the entire class of OPT......
18 August 2021The U.S. Citizenship and Immigration Services (USCIS) requires foreign nationals to submit biometrics in-person at an application support center (ASC) before granting certain categories of immigration benefits. After the USCIS schedules the biometrics appointment, if the individual fails to attend and does not take any......
12 August 2021Today, the U.S. Citizenship and Immigration Services (USCIS) announced that foreign nationals applying for a change of status to F-1 are no longer required to maintain nonimmigrant status until within 30 days of the actual (i.e. deferred) program start date. Rather, the USCIS has reverted......
20 July 2021Due to the COVID-19 pandemic, foreign nationals traveling to the United States from certain countries have been subject to travel restrictions based on several presidential proclamations. The presidential proclamations currently in effect suspend entry to the United States of certain individuals who were present in......
08 July 2021The Department of Homeland Security (DHS) has designated Burma (Myanmar) for temporary protected status (TPS) and provided flexibility for employment authorization to Burmese F-1 students based on severe economic hardship. These accommodations are due to the ongoing political crisis in Burma. The Burma designation for......
14 June 2021The U.S. Citizenship and Immigration Services (USCIS) has reinstated its policy to defer to previously issued approvals when adjudicating petitions requesting extensions of nonimmigrant status if all the terms and conditions remain the same. This marks a return to the long-standing policy of deference to......
14 May 2021Answer 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......
06 May 2021President 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......
05 May 2021Answer Given the huge spike in COVID-19 cases in India, it definitely is possible new travel restrictions will be implemented. As of yet, no such restrictions have been announced, other than the requirement that travelers present a recent negative COVID-19 test before boarding a plane......
28 April 2021For those not selected in the H1B cap-subject lottery, some options are discussed in this article, including transferring to another F-1 program of study, finding cap-exempt employment or determining if another nonimmigrant option is viable. There also are options for nationals of certain countries like......
26 April 2021Answer No, applying for a STEM OPT extension typically would have no impact on an H1B registration case. (15.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. ......
15 April 2021Current trends with visa issuance at the consulates and dropbox and issues at the port of entry after travel are the topics for discussion by Murthy Law Firm attorneys in this podcast, recorded April 07, 2021. The MP3 is available here, and is listed in......
15 April 2021With the ongoing COVID-19 pandemic, the availability of visa services at U.S. embassies and consulates abroad remains limited. The severity of backlogs in visa interviews varies based on epidemic control protocols of each country. U.S. embassies and consulates are taking the necessary precautions to protect......
14 April 2021Foreign nationals requesting admission to the United States and indeed, even U.S. citizens, may face additional scrutiny at the United States border. This includes the physical border itself or the functional equivalent of the border such as an international airport, port of entry, or border......
08 April 2021Answer Getting married to a person with a green card would have no direct impact on one’s F-1 status. However, if applying for certain immigration benefits, such as an F-1 visa at a consulate, it is possible this could create problems related to immigrant intent.......
01 April 2021With the arrival of fiscal year 2022 (FY22) H1B cap season, foreign nationals and employers should be aware of some important nuances of the H1B advanced-degree exemption, often referred to as the “master’s cap.” Clearly, the 20,000 H1B cap exemptions can be quite valuable for......
08 March 2021Answer Accredited, nonprofit universities are generally cap-exempt employers. If a person is going to be employed by a cap-exempt employer, the standard H1B cap timelines would not apply. There is no need to submit a registration, apply in the lottery, etc. The petition can normally......
04 March 2021The U.S. Citizenship and Immigration Services (USCIS) is providing additional flexibilities to qualifying F-1 students filing form I-765 based on OPT. These flexibilities are being provided because of ongoing processing delays at the USCIS and are available only to I-765 applications submitted to the USCIS......
04 March 2021If you are an F-1 student, you are probably aware that there are restrictions on working. When you initially obtained your SEVIS I-20 form and F-1 visa, you had to show that you could afford to go to school without working, since F-1 students generally......
17 February 2021President Biden is expected to sign an executive order (EO) on Tuesday, February 2, 2021 to modernize the U.S. immigration system. No further details on the forthcoming executive order have been provided. The President had been scheduled to sign this EO today, but delayed it......
29 January 2021The remaining immigration policies of President Trump and the Biden Administration’s anticipated immigration plans are the topic discussed by Murthy Law Firm attorneys in the first podcast of 2021, recorded January 6th. The MP3 is available here and in the archive of our teleconferences and......
13 January 2021The U.S. Department of State (DOS), which is responsible for all U.S. embassies and consulates, has provided an updated summary on its plan for the phased resumption of routine visa service across the globe. While this provides the general plan on how it will go......
06 January 2021The U.S. Citizenship and Immigration Services (USCIS) issued a statement this week, acknowledging delays in issuing receipt notices for cases filed at USCIS lockbox facilities. The USCIS attributes these delays to a significant increase in recent filings, along with a reduced processing capacity caused by......
17 December 2020Answer Generally speaking, once a person has been granted a change to H1B status, the STEM OPT terminates. It typically is not possible to use any remaining period of OPT (or STEM OPT.) (10.Dec.2020). Sheela Murthy and other senior attorneys provide guidance that clarifies the law.......
10 December 2020Legalization or decriminalization of marijuana or other narcotics at the state level can mislead noncitizens into thinking using such drugs in accordance with state law is legal. Marijuana, hallucinogenic mushrooms, and many other drugs are controlled substance under federal law. Therefore, the use, sale, purchase,......
10 December 2020This morning, Joseph R. Biden, Jr. secured enough electoral votes to win the 2020 presidential election. While President Trump is disputing the results, his claims of election fraud appear to be without merit, and have little chance of overturning the election. President-Elect Biden is expected......
07 November 2020On October 21, 2020, the U.S. Immigration and Customs Enforcement (ICE) announced that the agency had arrested 15 students in F-1 status with approved optional practical training (OPT), who allegedly committed fraud by reporting employment with “companies that don’t exist.” In addition, ICE reportedly intends......
26 October 2020On September 30, 2020, the Continuing Appropriations Act, 2021 and Other Extensions Act was signed into law, funding the federal government through December 11, 2020. Included in the bill is a provision that dramatically changes the premium processing service offered by the U.S. Citizenship and......
01 October 2020This evening, the U.S. Congress passed a bill to fund the federal government through December 11, 2020. President Trump is expected to sign the bill into law this evening. In addition to funding the federal government, the bill also includes some significant changes to the......
30 September 2020Today, the U.S. Citizenship and Immigration Services (USCIS) proposed eliminating the D/S (“duration of status”) designation routinely issued on I-94s for nonimmigrants in F, J, or I status. If the proposed regulation is enacted, I-94s for these categories would instead be issued with a set......
24 September 2020The Student and Exchange Visitor Program (SEVP) has issued a new broadcast message advising designated school officials (DSOs) that it will soon begin issuing notices to F-1 students participating in optional practical training (OPT) if the student does not mention information on the employer in......
03 September 2020U.S. consular sections across India have resumed accepting drop box applications to renew F, M, J, H, and L visas from qualifying applicants. In addition to the standard drop box requirements, H and L visa applicants must qualify for one of the exceptions to the......
28 August 2020The U.S. Citizenship and Immigration Services (USCIS) has issued a reminder to universities and F-1 students employed pursuant to post-completion optional practical training (OPT) to ensure that changes in employer information are updated in the Student and Exchange Visitor Information System (SEVIS). Per the USCIS......
24 August 2020Effective Monday, August 17, 2020, the U.S. consulates in India will have a limited number of slots available for F and J visa applicants. Per the announcement, emergency student and exchange visitor appointment requests submitted prior to August 12 will be processed first. The consulates......
14 August 2020Today, the U.S. Department of Homeland Security (DHS) has announced that it will “adjust USCIS fees by a weighted average increase of 20 percent to help recover its operational costs.” The final rule is expected to be published in the Federal Register on August 3,......
31 July 2020The dean of Harvard University has advised its students that the legal settlement Harvard and the Massachusetts Institute of Technology (MIT) reached with U.S. Immigration and Customs Enforcement (ICE) regarding online courses does not apply to first-year students entering in F-1 status. This means that......
22 July 2020As previously reported, on July 14, 2020, U.S. Immigration and Customs Enforcement (ICE) reinstated the March 2020 policy, allowing F-1 and M-1 students to temporarily take all courses online during the COVID-19 pandemic. Following this announcement, however, numerous designated school officials (DSOs) have reported hearing......
20 July 2020Answer One in this situation could attempt to have the company file an H1B petition, requesting a change of status to H1B. However, there are some legal issues to this strategy that first should be discussed with a qualified attorney. (13.Jul.2020) Sheela Murthy and other......
15 July 2020This afternoon, U.S. Immigration and Customs Enforcement (ICE) reached an agreement with Harvard University and the Massachusetts Institute of Technology (MIT) to reinstate the March 2020 policy, allowing F-1 and M-1 students to temporarily take all courses online during the COVID-19 pandemic. Harvard and MIT......
14 July 2020The U.S. Department of State (DOS) has announced via Twitter that “[b]eginning July 15, US Embassies and Consulates may begin the phased resumption of routine visa services depending on local conditions.” No further details have been provided. As previously reported, the consulates are not expected......
13 July 2020As previously reported by MurthyDotCom, Harvard University and the Massachusetts Institute of Technology (MIT) are suing U.S. Immigration and Customs Enforcement (ICE) in an effort to block the Student and Exchange Visitor Program (SEVP) from ending the temporary rule that allows schools to have F-1......
10 July 2020Harvard University and the Massachusetts Institute of Technology (MIT) have filed a lawsuit against U.S. Immigration and Customs Enforcement (ICE), in an effort to prevent the Student and Exchange Visitor Program (SEVP) from ending the temporary rule that allows schools to have F-1 and M-1......
08 July 2020The Student and Exchange Visitor Program (SEVP) is in the process of ending the temporary rule that allows schools to have F-1 and M-1 students take courses exclusively online. This rule was implemented in March 2020 because universities across the nation suddenly had to close......
07 July 2020On Monday, July 6, 2020, the Student and Exchange Visitor Program announced modifications to the rules applicable for F-1 and M-1 students taking online classes. The modifications are effective from the fall 2020 semester. The U.S. Department of Homeland Security will publish a Temporary Final......
06 July 2020The Murthy Law Firm receives many inquiries from individuals who have planned a major event, like marriage, travel, or school, who lastly think to seek advice on how to address these matters related to their immigration. Frustration often ensues when they learn of the immigration......
06 July 2020Last night, President Trump amended his June 22, 2020 executive order in a small, but significant manner that clarifies and potentially increases the classes of nonimmigrants who are subject to the order. The original version of the executive order stated that, if a foreign national......
30 June 2020Answer We have heard several rumors recently that the President will issue a proclamation as early as June 15th (or June 11th, according to other online sources) that would temporarily prevent foreign nationals from entering the U.S. in H1B, L-1, H2B, or J-1 status. According......
09 June 2020This afternoon, President Trump signed an executive order that will temporarily bar admission of certain F-1 students and J-1 researchers from China. Effective June 1, 2020, any citizen of China involved with China’s “military-civil fusion strategy” will not be admitted in F-1 or J-1 status.......
29 May 2020Answer Forbes reported today that the Trump Administration is expected to issue an executive order “soon” that would impact certain high-skilled nonimmigrant workers. The presumption is that, if such an order were to be issued, it would focus on foreign nationals requesting admission, as opposed......
28 May 2020Answer The consulates are run by the U.S. Department of State (DOS), not the USCIS. So, the USCIS announcement has no impact on the consulates. The U.S. consulates across the globe likely will not all open at the same time. Rather, the U.S. consulates in......
28 May 2020The U.S. Citizenship and Immigration Services (USCIS) announced today that routine in-person services at its field offices, asylum offices, and application support centers (ASCs) will resume on June 4, 2020. Per the announcement, the USCIS is following guidelines set by the Centers for Disease Control......
27 May 2020While some aspects of immigration have changed in significant ways in the years since MurthyDotCom began publishing articles in 1994, there is much that is still the same. From time to time, we at the Murthy Law Firm refer our clients to articles, like this......
27 May 2020Answer Generally speaking, a person on STEM OPT can only work for a company that is enrolled in the e-verify program. Only U.S. companies are able to enroll in this program. Therefore, it does not seem this arrangement would be possible for a person on......
21 May 2020Sheela Murthy, President & CEO of the Murthy law Firm, is joined by Managing Attorney Aron Finkelstein for a lively & engaging discussion in this podcast regarding immigration options for individuals and families in the COVID-19 climate. The conversation was recorded specifically for an Indian......
30 April 2020The American Immigration Lawyers Association (AILA) has created a shareable flyer to help stakeholders understand the implication of President Trump’s proclamation suspending the entry of certain immigrants into the United States. The Murthy Law Firm is sharing this flyer with our readers to help ensure......
24 April 2020The Congressional Research Service (CRS), which works exclusively for the United States Congress to provide nonpartisan policy and legal analysis, has released a report confirming that many nonimmigrants are eligible to receive recovery rebates (frequently referred to as stimulus checks) under the Coronavirus Aid, Relief,......
08 April 2020The American Immigration Lawyers Association (AILA) filed a federal lawsuit against the U.S. Department of Homeland Security (DHS), asking the court to order the DHS to “toll any and all deadlines for initial applications, responses to any and all requests for evidence or other responses......
03 April 2020The U. S. Citizenship and Immigration Services (USCIS) announced on March 30, 2020, that previously submitted biometrics will be reused to process applications for employment authorization (Form I-765), submitted by any applicant who had an appointment scheduled with an application support center (ASC) on or......
30 March 2020The Student and Exchange Visitor Program (SEVP), which is part of the U.S. Immigration and Customs Enforcement (ICE), recently issued a broadcast message to advise SEVP-certified schools that they may need to adapt procedures and policies to alleviate health concerns associated with the COVID-19 epidemic.......
30 March 2020The U.S. District Court for the District of Columbia recently ruled in IT Serve Alliance v. L. Francis Cissna that the U.S. Citizenship and Immigration Services (USCIS) overstepped its authority in issuing its February 2018 memorandum heightening the evidentiary requirements for H1B petitions filed by......
26 March 2020The U.S. Citizenship and Immigration Services (USCIS) announced today that, effective March 21, 2020, it will begin accepting all benefit forms and documents with reproduced signatures. Per the announcement, “[t]his means that a document may be scanned, faxed, photocopied, or similarly reproduced provided that the......
20 March 2020Attorneys at the Murthy Law Firm will hold a special teleconference on March 25, 2020 at 2:00pm (Eastern Time, U.S.). They will discuss the impacts that the COVID-19 pandemic is having on U.S. immigration. Visit this page the morning of March 25th for details on......
19 March 2020Due to the COVID-19 crisis, the U.S. Department of State (DOS) has suspended routine nonimmigrant and immigrant visa service at U.S. consulates in most countries around the globe. The DOS is unable to predict when normal service will resume. Applicants with urgent need to travel......
19 March 2020Last night, the U.S. Citizenship and Immigration Services (USCIS) announced that it is suspending in-person services at its field offices, asylum offices, and application support centers (ASCs), until at least April 1st. This action has been taken in response to the COVID-19 pandemic. The USCIS......
18 March 2020The U.S. Department of State announced today that, effective Monday, March 16, 2020, all nonimmigrant and immigrant visa appointments at U.S. Mission India posts – which includes the U.S. Embassy in New Delhi, and all U.S. consulates in India – have been canceled. This measure......
13 March 2020Answer Health insurance obtained through the Affordable Care ACT (ACA), commonly referred to as Obamacare, is not considered a positive or negative factor for public charge purposes. (26.Feb.2020) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE......
27 February 2020The U.S. Supreme Court has lifted the injunction in Illinois that had prevented the U.S. Department of Homeland Security (DHS) from implementing the new public charge rule on residents of that state. The Supreme Court had previously lifted several nationwide injunctions against the rule. Accordingly,......
24 February 2020In most circumstances, anyone applying for a nonimmigrant visa must apply in person at a U.S. consulate or embassy and be interviewed by a consular officer. In the context of applying to renew a visa, however, the interview requirement may be waived under the visa......
13 February 2020President Trump has issued a proclamation that bars entry to the United States of most foreign nationals who were physically present in China, not including the special administrative regions of Hong Kong and Macau, within the 14 days immediately prior to arrival in the United......
07 February 2020In this recording from 05 Feb 2020, Murthy Law Firm attorneys discuss matters related to various types of employment authorization for students in F-1 status, including CPT and OPT (both the initial 12-month OPT and the 24-month STEM extension), placement of F-1 student workers at......
07 February 2020Today, a federal district court judge issued a nationwide permanent injunction against the U.S. Department of Homeland Security (DHS) from enforcing the August 9, 2018, policy memorandum by the U.S. Citizenship and Immigration Services (USCIS) that sought to greatly expand the situations in which nonimmigrants......
06 February 2020On February 24, 2020, the U.S. Department of Homeland Security (DHS), which includes the U.S. Citizenship and Immigration Services (USCIS) and the U.S. Customs and Border Protection (CBP), will begin implementing the public charge rule that was published in the Federal Register in August 2019.......
31 January 2020Answer International travel would have no impact on a pending (or selected) H1B registration. Travel would only potentially be an issue if the registration is selected and the H1B petition is filed requesting a change of status. (23.Jan.2020) Sheela Murthy and other senior attorneys provide......
23 January 2020The Student and Exchange Visitor Program (SEVP), which is part of the U.S. Customs and Immigration Enforcement (ICE), recently issued a broadcast message reminding designated school officials (DSOs) that all form I-20s must be issued directly to the F-1 student, parent, or legal guardian. Other......
23 January 2020Answer Generally speaking, a person is required to live in the previous country of residency – in your case, India. Living in Australia normally would not meet this requirement. (26.Dec.2019) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on......
26 December 2019As previously reported on MurthyDotCom, the U.S. Department of Homeland Security (DHS) published a new proposed rule on Thursday, November 14, 2019, outlining significant increases for many U.S. Citizenship and Immigration Services (USCIS) filing fees. The increases will result in a weighted average increase of......
02 December 2019Representatives of the American Immigration Lawyers Association (AILA) recently met with representatives from the U.S. Department of State’s Visa Office (VO) to discuss current immigration policies and procedures. Prior to the meeting, AILA submitted written questions to the VO, to which the DOS responded in......
04 November 2019Answer Normally, an H1B change-of-status denial would have no impact on one’s current status or eligibility to continue working in STEM OPT. (30.Oct.2019) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access......
31 October 2019A student in F-1 status typically is eligible to participate in optional practical training (OPT) upon completion of the degree program or, in some circumstances, before graduation. The purpose of OPT employment is to provide the foreign national student with an opportunity to apply the......
31 October 2019Answer Once a person has started working pursuant to STEM OPT and then changes to H1B status, any remaining STEM OPT time generally is abandoned. (23.Oct.2019) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services,......
24 October 2019On October 11, 2019, the U.S. Department of State (DOS) published an interim final rule in the Federal Register, entitled Visas: Ineligibility Based on Public Charge Grounds. Once this interim final rule goes into effect, it will greatly expand the categories of public benefits considered......
24 October 2019The U.S. Department of State (DOS) announced today that the interim final rule regarding visa ineligibility based on public charge grounds is not yet being implemented. Per the announcement, “visa applicants are not requested to take any additional steps at this time and should attend......
15 October 2019This afternoon, a federal district court judge issued a nationwide injunction against the U.S. Citizenship and Immigration Services (USCIS) from enforcing the new public charge rule. The public charge rule had been scheduled to go into effect on October 15, 2019. The injunction specifically prohibits......
11 October 2019On October 11, 2019, the U.S. Department of State (DOS) will publish an interim final rule to amend the regulations regarding how consular officers determine whether a foreign national is likely to become a public charge, and therefore ineligible for a visa. This rule will......
10 October 2019Answer Generally speaking, if an individual uses any period of OPT following the completion of a master’s degree, that person is not eligible for any OPT following the completion of a second master’s degree. (19.Sep.2019) Sheela Murthy and other senior attorneys provide guidance that clarifies......
19 September 2019Changing status to H1B often involves a lengthy and somewhat unpredictable process. Because of the annual cap and uncertainties of lottery selection, many foreign nationals consider alternative processes as backup plans. As a result, there are a number of situations in which a foreign national......
13 September 2019Issues related to the maintenance of F-1 and H1B statuses for employees, as well as the latest trends from the current Administration, are discussed by Murthy Law Firm attorneys in this teleconference, which aired September 4, 2019. The MP3 is available here and in the......
09 September 2019Recent college graduates in F-1 status are sometimes able to bridge the time between the expiration of their optional practical training (OPT) and the October 1st start date of H1B status through a benefit known as “cap gap” OPT. This benefit extends the OPT period......
06 September 2019Answer Ordinarily, if an application to change status is denied, this would not impact one’s existing F-2 status. (21.Aug.2019) In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation,......
21 August 2019The U.S. Department of Homeland Security (DHS) implemented an increase in application fees charged by the Student and Exchange Visitor Program (SEVP) for both students and schools. The changed fees relate to the payments students must submit with the Student and Exchange Visitor Information System......
17 July 2019Answer In general, a petitioner may withdraw a request for “change of status” while replying to an RFE, and request approval only for consular notification (i.e., consular processing). (24.Jun.2019) In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies......
24 June 2019The focus of this teleconference is recent trends in requests for evidence (RFEs) for H1B petitions after cap season. Attorneys from the Murthy Law Firm discuss issues related to the right to control, specialty occupations, CPT & OPT, etc, and provide tips for preparing a......
17 June 2019Answer A STEM OPT recipient who is employed by a non E-Verify employer generally would be out of status. A foreign national in this situation needs to talk to a qualified attorney immediately to discuss legal options. (10.Jun.2019) In frequent sessions of our Chat, Sheela......
10 June 2019The U.S. State Department (DOS) has implemented changes to electronic forms DS-160, Application for a Nonimmigrant Visa, and DS-260, Application for an Immigrant Visa, that go into effect immediately. These applications will now request information about the social media username or handle used by an......
04 June 2019On May 10, 2019, the U.S. Citizenship and Immigration Services (USCIS) updated the Adjudicator’s Field Manual (AFM) to reduce the circumstances under which the USCIS will consider granting a case expedited treatment. In general, the USCIS has the authority to grant an expedite request on......
03 June 2019Answer While on your STEM-OPT, you must be working for an E-Verify enrolled employer. Any change in employer must be reported to your DSO and the correct I-983 paperwork submitted. Failure to take these steps could result in a determination of status violation and related......
03 June 2019Answer An individual is permitted an aggregate of 90 days of unemployment in the initial practical training period. If s/he has not had more than 90 days of unemployment and has received a STEM-OPT extension, the individual is entitled to 60 days more, or an......
03 June 2019When filing for a STEM OPT extension, an international student must complete and submit a training plan for STEM OPT students (form I-983) to the academic institution’s designated school official (DSO). The form includes sections for both the student and the employer to complete and......
13 May 2019Today, a federal district court judge ordered immigration officials to temporarily cease enforcement of the August 9, 2018 policy memorandum that greatly expanded the situations in which those in F, J, or M status may begin accruing unlawful presence. This order stems from a lawsuit......
03 May 2019Answer The requirements for the H1B master’s quota are straightforward – the degree must be from a U.S. university, and the university must be a public college, or a nonprofit college. One cannot use a degree from a for-profit college to apply under the master’s......
29 April 2019Beginning in May 2019, the U.S. Customs and Border Protection (CBP) will begin issuing form I-94 arrival/departure records with alphanumeric “numbers” (i.e., composed of letters and numbers). This change will have no impact on the validity of I-94 cards and numbers issued prior to the......
29 April 2019Answer One needs to be VERY careful with this. Although many states have legalized marijuana, it is still classified as a Schedule A drug under federal law (the same classification as drugs like heroin and cocaine). Even if state law allows the use of marijuana......
01 April 2019Many nonimmigrant visa classifications allow children of the principal to apply for dependent status. For instance, an H1B worker’s dependents typically may be admitted in H-4 status, while the dependents of an F-1 student may request admission in F-2 status. Upon reaching the age of......
01 April 2019Answer Although it is possible to have more than one change-of-status application pending at the same time (seeking different visa classification), it is not possible to hold more than one nonimmigrant status at the same time. The USCIS follows the last-action rule, whereby the last......
18 March 2019The current H1B cap-filing season for fiscal year 2020 raises questions about extensions of F-1 student status and optional practical training (OPT) before the beginning of H1B status. Many foreign national students tend to have questions about coordinating H1B filings with the expiration of their......
18 March 2019Under the Trump Administration, a troubling trend has emerged with the U.S. Citizenship and Immigration Services (USCIS) that evidences a radical reinterpretation of regulations regarding the use of curricular practical training (CPT) and optional practical training (OPT) by F-1 students in certain circumstances. The USCIS......
13 March 2019While the teleconference series offered by the Murthy Law Firm is designed for employers and their representatives, employees and to those considering launching startups may be interested in this information, as well. In this teleconference, recorded February 06, 2019, Murthy Law Firm attorneys discuss matters......
07 March 2019The application to extend / change nonimmigrant status (form I-539) is undergoing several significant changes. Effective March 22, 2019, the U.S. Citizenship and Immigration Services (USCIS) will only accept the updated version of the form. In addition, a new supplement, form I-539A, will be released,......
06 March 20191) We have heard that there was a raid on students of a certain university called the University of Farmington in Michigan. What is the background on this university? The University of Farmington (“the University”) was apparently set up by the U.S. federal government, in......
31 January 2019The Murthy Law Firm has received numerous reports that F-1 students currently enrolled at University of Farmington, in Michigan, began being taken into custody on the evening of January 29, 2019. The students at risk appear to be those who transferred to the school from......
30 January 2019Answer The validity of the visa foil in your passport does not necessarily control the validity of your stay and authorized activities (work, travel) in the United States. It is possible that an I-94 can exceed the validity of a visa foil. Furthermore, different nonimmigrant......
28 January 2019A new online fee calculator has been added to the U.S. Citizenship and Immigration Services (USCIS) website to help stakeholders properly calculate the amount owed when applying for certain immigration benefits. This calculator is designed to help reduce the number of applications and petitions the......
21 January 2019Since taking office, the Trump Administration has instituted numerous policies to make it more difficult for foreign nationals – including international students – to come to the United States. This has highlighted the need for caution among current and potential F-1 students when selecting the......
10 January 2019Answer The STEM extension must be received by the USCIS on or before the last day of one’s initial OPT period. There are no provisions for late filing or for extending the deadline, so if this date is missed, the STEM extension will be abandoned.......
07 January 2019The Murthy Law Firm routinely receives calls from individuals asking how to deal with birth documents that have incorrect information. Foreign nationals seeking to apply for U.S. immigration benefits should ensure that the birth information on official documents, like birth certificates and passports, is accurate.......
27 December 2018Answer One who has received a master’s degree or above from a nonprofit, accredited university normally would be eligible to file under the “master’s cap.” This applies, even if all the credits are taken through online courses. (There is a strict limit on the number......
17 December 2018Anna Stepanova, Assistant Managing Attorney and Member at the Murthy Law Firm, recently had an article published by the Maryland State Bar Association (MSBA). While the article is written for attorneys, we share this with our readers who may be interested in a more detailed......
13 December 2018Answer One in F-1 status must normally be a full-time student, which is defined by the school. (05.Nov.2018) In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click......
05 November 2018The Office of Information and Regulatory Affairs (OIRA), which is part of the Office of Management and Budget (OMB), periodically publishes an updated list of agency rulemaking activity. This list provides some basic information on regulations being worked on by various government agencies. The agency......
29 October 2018The U.S. Department of Homeland Security (DHS) has issued a proposed regulation regarding inadmissibility on public charge grounds. A public charge is a person who is deemed likely to become financially dependent on public benefits. Generally speaking, a person applying for lawful permanent residence (commonly......
25 October 2018Answer It is not unusual with longer names for parts of the name to be truncated on the EAD. It should not affect your ability to begin working on that EAD. (22.Oct.2018) In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide......
22 October 2018In recent months, attorneys at the Murthy Law Firm have been hearing from a number of people who have had their applications for dependent visas (e.g., F-2, H-4) denied. The cases involve visa applications filed prior to the couple’s completion of all of the marriage......
10 October 2018The U.S. Department of Homeland Security (DHS) is scheduled to publish a proposed rule on Wednesday, October 10, 2018, entitled Inadmissibility on Public Charge Grounds. This rule would greatly expand the categories of public benefits looked at to determine whether a foreign national may be......
05 October 2018This evening, the U.S. Citizenship and Immigration Services (USCIS) announced that the policy memorandum on the issuance of notices to appear (NTAs) will be phased in incrementally, beginning on October 1, 2018. Effective October 1st, the USCIS “… may issue NTAs on denied status-impacting applications,......
26 September 2018The U.S. Citizenship and Immigration Services (USCIS) is scheduled to hold a teleconference on Thursday, September 27, 2018, from 2 to 3 p.m. (Eastern Time, U.S.) to discuss the June 28, 2018, policy memorandum on the issuance of notices to appears (NTAs). More details on......
25 September 2018Answer In general, self-employment is permissible during the initial 12-month period of OPT. Self-employment normally is not permissible during a STEM OPT extension, however. (24.Sep.2018) In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real......
24 September 2018Answer MTRs are currently very slow – generally at least 6-12 months. (24.Sep.2018) In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click here. Access more FAQs here.......
24 September 2018The Trump Administration announced over the weekend that it aims to substantially expand the number of foreign nationals who may be inadmissible to the United States for risk of becoming a “public charge” (i.e. a person who is likely to become financially dependent on public......
23 September 2018The U.S. Citizenship and Immigration Services (USCIS) has released a table of the national average processing times by fiscal year for various types of forms, through the first half of FY18. The U.S. government fiscal year runs from October 1st through September 30th. The data shows that......
20 September 2018Answer It is permissible to attend classes in H1B status, as long as one continues to work in the H1B position pursuant to the terms of the H1B petition. (18.Sep.2018) In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that......
18 September 2018On September 6, 2018, the U.S. Citizenship and Immigration Services (USCIS) held a public stakeholder teleconference to provide some additional guidance on how the July 13, 2018 Issuance of Certain RFEs and NOIDs memorandum will be implemented. This memo, which goes into effect on Tuesday,......
10 September 2018Answer Assuming that one has a valid F-1 visa, and is employed in a valid STEM position, this generally should not be a problem. A fresh I-20 endorsed for travel and an employment letter are required. (27.Aug.2018) In frequent sessions of our Chat, Sheela Murthy......
27 August 2018The Trump Administration continues to push for changes to those in nonimmigrant status and the U.S. employment-based immigration system. Though legislative wins have been tough to come by, the Administration has had more luck reforming immigration rules through memos and regulations. Sheela Murthy leads a discussion......
23 August 2018The Fourth Circuit Federal Court of Appeals recently ruled in Levya Martinez v. Sessions, that a theft conviction under Maryland law is not a “crime involving moral turpitude” (CIMT). A conviction of a CIMT can have a serious impact on a foreign national’s eligibility for......
21 August 2018Answer In order to change from H-4 to F-1, one would need to obtain an I-20 from the university’s designated school official (DSO), then apply for a change of status (form I-539) with the USCIS. Keep in mind that one must be in valid status......
20 August 2018Answer An individual in F-1 status without an EAD typically can only engage in passive investments in the U.S. If you are uncertain whether an investment would be treated as active vs. passive you should consult with an attorney. (20.Aug.2018) In frequent sessions of our......
20 August 2018This afternoon, the U.S. Citizenship and Immigration Services (USCIS) updated its STEM OPT webpage to clarify that STEM OPT workers can be placed offsite if certain requirements are met. The update also alters certain reporting requirements for F-1 students working pursuant to STEM OPT and......
17 August 2018Answer In general, these types of applications would not affect an OPT extension. (13.Aug.2018) In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click here. Access more FAQs......
13 August 2018The U.S. Citizenship and Immigration Services (USCIS) has released the final version of the policy memorandum that greatly expands the situations in which those in F, J, or M status may begin accruing unlawful presence. Strangely enough, the memo was not released until yesterday evening,......
10 August 2018In May 2018, the U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum that would greatly expand the situations in which those in F, J, or M status may begin accruing unlawful presence. More details on the memo are available in the MurthyDotCom NewsBrief,......
09 August 2018The U.S. Department of Homeland Security (DHS) has proposed an increase in application fees charged by Student and Exchange Visitor Program (SEVP). The fee increases are related to the payments submitted with Student and Exchange Visitor Information System (SEVIS) form I-901. Proposed Fees Assuming this......
08 August 2018As discussed in the MurthyDotCom NewsBrief, Nonimmigrant Visa Revocation Update for Those with DUI (16.Feb.2016), the U.S. Department of State (DOS) can prudentially revoke a visa foil (commonly referred to as a visa “stamp”) for those convicted, or even just arrested, for driving while under......
06 August 2018This afternoon, the U.S. Citizenship and Immigration Services (USCIS) announced a delay in the implementation of the June 28, 2018 memorandum expanding the situations in which a foreign national is to be issued a notice to appear (NTA). The NTA memo initially called for the......
30 July 2018On July 13, 2018, U.S. Citizenship and Immigration Services (USCIS) posted a policy memorandum that increases the discretion of USCIS adjudicators to deny applications, petitions, or requests for immigration benefits without first issuing a request for evidence (RFE) or a notice of intent to deny......
27 July 2018Answer There is no inherent problem with pursuing OPT, assuming that one follows the rules. It is important to discuss all proposed OPT employment with one’s designated school official (DSO), to make sure that one is compliant with the requirements. (23.Jul.2018) In frequent sessions of......
23 July 2018It is important that F-1 students working pursuant to optional practical training (OPT) present proper documentation to U.S. Customs and Border Protection (CBP) officers at U.S. ports of entry (POEs) to demonstrate that they can resume employment when they return. Additionally, they should be prepared......
19 July 2018On July 5, 2018, the U.S. Citizenship and Immigration Services (USCIS) released a policy memorandum that dramatically expands the circumstances under which the USCIS intends to issue a notice to appear (NTA), or refer cases to the U.S. Immigration and Customs Enforcement (ICE) for NTA......
18 July 2018Answer The USCIS oftentimes will approve an application to change status to F-1, even if the applicant has an approved I-140, but there is always a risk that the USCIS may deny the case based upon immigrant intent. Applying for an F-1 visa “stamp” at......
16 July 2018This afternoon, the U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum that provides officers with more discretion to deny an application or petition without first having to issue either a request for evidence (RFE) or notice of intent to deny (NOID). This memo......
13 July 2018… and received authorization from my designated school official (DSO) for curriculum practical training (CPT) to continue working. Is this allowed? Should I be concerned about maintaining my F-1 status? Answer Generally, there is no restriction on CPT authorization (provided it meets all applicable requirements)......
13 July 2018Thursday evening, the U.S. Citizenship and Immigration Services (USCIS) issued a policy memo that appears to greatly expand the situations in which a foreign national is to be issued a notice to appear (NTA). An NTA is a charging document that initiates removal (i.e. deportation)......
06 July 2018The Student and Exchange Visitor Program (SEVP), which is part of the U.S. Customs and Immigration Enforcement (ICE), recently released a broadcast message reminding all students on optional practical training (OPT) that volunteer positions not directly related to their course of study do not qualify......
03 July 2018Answer In general, this would be possible, assuming that one is in valid F-1 status. (25.Jun.2018) In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click here. Access......
25 June 2018… and we still do not know if the H1B petition was picked in the lottery and accepted for processing, since we did not receive either a receipt notice or our petition back. Is there any way to find out if the petition was accepted......
15 June 2018The U.S. Citizenship and Immigration Services (USCIS) recently issued a notice, reminding stakeholders that optional practical training (OPT) work authorization automatically terminates if the F-1 student transfers to another school or begins study at a different educational level. Although the notice may appear alarming to......
13 June 2018Answer There is nothing inherently wrong with CPT, as long as it complies with the regulations. The USCIS does apply a great deal of scrutiny if the individual has been maintaining F-1 status based on CPT. The most frequent CPT abuses seem to occur with......
04 June 2018Answer There is nothing inherently wrong with day-one CPT, if it complies with the regulations. It does receive a great deal of scrutiny from the USCIS, however. And, historically, some of the schools that have offered day-one CPT have failed to fully comply with the......
21 May 2018On May 11, 2018, the U.S. Citizenship and Immigration Services (USCIS) released a policy memorandum that will substantially change the rules regarding unlawful presence (ULP) as they apply to those in F, J, and M status. The new rules are scheduled to go into effect......
18 May 2018Answer One can qualify for OPT after one year of full-time study in any status (as long as s/he is in F-1 status at the time the OPT application is filed). (14.May.2018) In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide......
14 May 2018The U.S. Citizenship and Immigration Services (USCIS) released a policy memorandum today that will dramatically expand the manners in which those in F, J, and M status may begin accruing unlawful presence (ULP). Nonimmigrants entering in F, J, or M status usually are admitted for......
11 May 2018At the end of 2017, MurthyDotCom summarized a number of concerning immigration regulations under consideration by the Trump Administration in the NewsBrief, Troubling Immigration Rules, Including End of H-4 EAD, on Trump’s Rulemaking Agenda (2017.Dec.15). While none of the rules has yet come to light,......
11 May 2018The U.S. Department of State (DOS) is proposing a number of changes to both the online application for a nonimmigrant visa (form DS-160) and the electronic application for an immigrant (form DS-260). The most significant changes to the forms would be to include requests for......
25 April 2018The U.S. Citizenship and Immigration Services (USCIS) has updated its STEM OPT webpage to reflect an apparent change in the agency’s interpretation of the 2016 STEM optional practical training (OPT) rule for F-1 students. Specifically, the USCIS now interprets the 24-month STEM OPT extension rule......
19 April 2018Answer One generally could change status to F-1 student, complete one’s education, and then have an employer file an H1B petition to “recapture” the remainder of the 6 years of H1B time. (16.Apr.2018) In frequent sessions of our Chat, Sheela Murthy and other senior attorneys......
16 April 2018Answer The visa foil is just an entry document; one’s valid F-1 status is governed by the SEVIS database. A valid visa foil is not required for a new program. It will only be necessary if one seeks to reenter the U.S. after foreign travel.......
09 April 2018Answer This would be possible, yes. However, the last approval to take effect would govern one’s status, so this requires caution. You probably should consult with an attorney before proceeding with this. (09.Apr.2018) In frequent sessions of our Chat, Sheela Murthy and other senior attorneys......
09 April 2018On April 3, 2018, the U.S. Department of Education announced that the Accrediting Council for Independent Colleges and Schools (ACICS) is once again deemed a nationally recognized accrediting agency. Moreover, this decision applies retroactively to December 12, 2016, which is when the ACICS was stripped......
04 April 2018… I left the U.S. and applied for admission to a Ph.D. program in my field, which starts next fall (in 8 months). Can I apply for a new F-1 visa now? Would the previous filing and denial of my employer’s H1B petition affect my......
02 April 2018On March 23, 2018, the Student and Exchange Visitor Program (SEVP) launched the SEVP Portal. The new portal allows F-1 students on OPT and M-1 students participating in vocational training to update their addresses, phone numbers, and employer information. F-1 students on STEM OPT extensions......
02 April 2018Answer A signed and completed I-983 is an absolute requirement for STEM employment. (26.Mar.2018) In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click here. Access more FAQs......
26 March 2018The U.S. Citizenship and Immigration Services (USCIS) recently made it even more cumbersome to change status to F-1 full-time student status from within the United States. After implementing a revised policy in early 2017 that requires a B-1/B-2 visitor to maintain continuous B-1/B-2 status while......
15 March 2018While the teleconference series offered by the Murthy Law Firm is designed for employers and their representatives, this information may be of interest to employees as well as those considering launching a startup. Our attorneys discuss matters related to various types of employment authorization for......
07 March 2018… Next month, I will be turning 21 and will no longer be eligible for H-4. What should I do? Answer You must apply for change of status to another nonimmigrant status for which you may be eligible, by your 21st birthday, in order to......
23 February 2018The M-1 visa classification is designed for the benefit of foreign national students who are coming to the United States for a temporary period to pursue nonacademic or vocational studies. Vocational studies are often referred to as job training programs, and include programs such as......
22 February 2018Answer In order to travel in F-1 status during the cap-gap period, your H1B petition has to be approved before your departure. In addition, you should return before October 1st, when your H1B employment is scheduled to begin. If you leave the U.S. while your......
16 February 2018The U.S. Citizenship and Immigration Services (USCIS) announced today that, effective immediately, the agency now accepts credit card payments for 41 fee-based forms. Some of the more prominent forms include immigrant petition for alien worker (form I-140), application to register permanent residence or adjust status......
14 February 2018While the teleconference series offered by the Murthy Law Firm is designed for employers and their representatives, this information may be of interest to employees and to those considering launching a startup. The FY2019 H1B cap season is discussed by Murthy Law Firm attorneys in......
14 February 2018… However, just in case it is not successful, can I also transfer to another program of study, as a back-up option? Answer If you transfer your F-1 SEVIS record to another program of study, you will no longer be eligible for OPT based on......
09 February 2018… for curricular practical training (CPT) for another 20 hours per week to work as an intern at a private company. Am I allowed to hold both on-campus and off-campus jobs? Answer Generally, a student in F-1 status is authorized to engage in on-campus employment......
02 February 2018Answer Not all nonprofit firms qualify as cap-exempt. In general, only certain nonprofit or governmental research organizations, or nonprofits affiliated with a college or university, qualify as cap-exempt. (29.Jan.2018) In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies......
29 January 2018… I would like to go back to school and apply for reinstatement of my F-1 status. I heard that the USCIS takes a long time to issue a decision on F-1 reinstatement applications. Would I be able to transfer to another program of study......
26 January 2018Answer A person typically qualifies for a new period of OPT after each educational level. The “master’s” period of OPT would be exhausted after completing an MS, so one would not qualify after then completing an MBA (i.e. master of business administration). A new period......
22 January 2018Answer A change of status to F-1 will sometimes be approved in this situation. However, a denial is a distinct possibility, because the I-140 indicates “immigrant intent,” which is inconsistent with F-1 status. (22.Jan.2018) In frequent sessions of our Chat, Sheela Murthy and other senior......
22 January 2018… so that I could continue working on CPT. My employer is getting ready to file a new H1B petition for me. I am concerned that USCIS will question whether I have been maintaining valid F-1 status in this situation. If USCIS finds that my......
19 January 2018… and have now been placed on academic probation during the upcoming term. Should I be concerned about my immigration status? Answer Students in F-1 status must be making normal progress toward completing the course of study. However, academic probation alone does not result in......
12 January 2018Answer Very likely, the H1B filed in April could be approved only for consular processing, not for a change of status. This means that, assuming the H1B case is selected in the lottery and approved, one in this situation would probably need to depart the......
08 January 2018… However, it has been several months since the requested OPT start date and my application is still pending after the USCIS issued a request for evidence (RFE) on my case and I responded to it. Should I be concerned that the time I remain......
05 January 2018… After a very short interview, the consular officer denied my visa application based on a lack of ties with my home country of China. I have a valid B-1/B-2 visa stamp in my passport, which I received 2 years ago. Can I use that......
15 December 2017Answer No, if one has been counted against the H1B cap, moving to a different field of work would not make the person cap-subject. As long as the six years of H1B time have not been fully utilized, the person typically still would remain cap......
04 December 2017… The USCIS denied my H1B petition in late October and I immediately tried to transfer my SEVIS record to another program of study to maintain F-1 status. My DSO said that my record was completed and I had to leave the U.S. Was she......
01 December 2017… When I came to the U.S. and started my program, I realized that I would need to continue with my program for an extra semester to complete my degree requirements. However, I did not apply for an extension of my program with my DSO......
17 November 2017Effective immediately, the U.S. Mission to Turkey is resuming limited visa services for nonimmigrants at the U.S. embassy and consulates in Turkey. According to a statement issued by the U.S. Mission to Turkey, this was done following assurances made by the Government of Turkey related......
07 November 2017Answer The green card process typically can be initiated while the foreign national is on OPT. There is no requirement that one have a particular visa status to be sponsored for a green card. (06.Nov.2017) In frequent sessions of our Chat, Sheela Murthy and other......
06 November 2017… However, my petition is still pending. I’m concerned that it can be denied and I will need to leave the U.S. Can I transfer to another program of study so that I can continue on F-1, even if my H1B is denied later? Answer......
03 November 2017Answer Ordinarily, once a person changes to H1B status, any remaining period of OPT is lost and cannot be regained. (23.Oct.2017) In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on......
23 October 2017Answer OPT is intended to provide practical experience in the field for which one received one’s degree. Work in a different field is not permitted. Further, while a person may generally be self-employed while in the initial 12-months of OPT, self-employment typically is not permitted......
02 October 2017Answer The “green card” process can typically be started at any time, regardless of one’s current nonimmigrant status. (02.Oct.2017) In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation,......
02 October 2017Answer One is normally permitted to remain in the U.S. in a “period of authorized stay” based on a pending I-485. (25.Sep.2017) In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details......
25 September 2017Multiple reports from attorneys across the country have indicated that the U.S. Customs and Border Protection (CBP) has a new policy prohibiting attorneys from entering secondary inspection areas at U.S. ports of entry (POEs) to meet or accompany clients. Although there has been no official......
14 September 2017… The DSO reviewed the I-983 and issued me a new I-20 with the STEM OPT recommendation that I submitted with my application. I have now received a new offer of employment from another company. Am I allowed to change to a new company while......
08 September 2017As of September 1, 2017, the processing of U.S. visas in Russia has been greatly scaled back. Applications for nonimmigrant visas have been suspended indefinitely for all consulates in Russia, other than at the U.S. Embassy in Moscow. This action was taken in response to......
06 September 2017The U.S. Citizenship and Immigration Services (USCIS) has issued a news alert, advising stakeholders impacted by Hurricane Harvey of the immigration relief that may be available on a case-by-case basis. Some of the types of relief that may be requested include: Changing a nonimmigrant status......
30 August 2017Answer One in OPT status typically gets the normal 60-day grace period at the end of the OPT period. The I-94 in this case should say “D/S” (duration of status) rather than being a specific date. (28.Aug.2017) In frequent sessions of our Chat, Sheela Murthy......
28 August 2017The U.S. Department of State (DOS) recently updated the Foreign Affairs Manual (FAM), which provides official guidance to consular officers, in light of the ‘Buy American, Hire American” executive order (EO) signed by President Trump on April 18, 2017. The DOS FAM update primarily serves......
23 August 2017Answer Yes, to enter on F-1 OPT, a valid visa “stamp” is typically required (with the limited exception of travel to Canada or Mexico under the automatic visa revalidation rule). (21.Aug.2017) In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance......
21 August 2017… My current OPT employer would like me to continue working for them on STEM OPT, but they are not registered for E-Verify, which is required for STEM OPT employers. They suggested that I find another company that is E-Verify registered to sponsor me for......
11 August 2017Answer You must inform your DSO of your plans so that you can maintain valid F-1 status. Your DSO must issue a new I-20, based on your admission to the new program, and initiate the change-of-level procedure in SEVIS while you are still in your......
04 August 2017… However, when I first filed my application, there were fewer than 30 days between the end of my B-2 status and the F-1 program start date. Because the USCIS took several months to decide my case, my DSO deferred the admission start date to......
21 July 2017Answer Generally speaking, one on F-1 cap gap may not continue to work beyond September 30th of that year until and unless the H1B change-of-status petition is approved. (17.Jul.2017) In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies......
17 July 2017Answer One in this situation should consult a competent attorney for individualized advice. However, this is a serious problem and will frequently lead to denial of the H1B petition. One possible option may be to find a new client in the same metropolitan statistical area......
10 July 2017Answer Generally speaking, a U.S. citizen may sponsor an F-1/OPT spouse for a green card. Depending on the U.S. citizen’s finances, however, a joint financial sponsor (a friend or family member who is a U.S. citizen or green card holder) may be required. It may......
10 July 2017Attorney There is nothing prohibiting multiple filings. However, the general rule is that the last approval will govern one’s status. So, once the desired application is approved, it is important to withdraw the unwanted application, to avoid ending up in the “wrong” (unwanted) status. Unfortunately,......
19 June 2017Every year, the U.S. Department of Homeland Security (DHS) releases a report that provides data on the entries, exits, and visa overstays that occurred in the previous fiscal year. On May 22, 2017, the DHS released the entry / exit report for fiscal year 2016......
14 June 2017Answer A master’s degree from an accredited public university would normally be acceptable for both purposes, regardless of whether or not the classes are taken online. (12.Jun.2017) In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law......
12 June 2017… is still considered to be an accredited degree? Can such a degree be used to apply for immigration benefits requiring an accredited degree? Answer A degree conferred by an accredited school remains an accredited degree even if the school later loses its accreditation. The......
09 June 2017The U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum on May 23, 2017 that adopts the Administrative Appeals Office (AAO) decision in Matter of A-T- Inc. The adopted decision serves to instruct USCIS personnel that, for purposes of determining whether a person qualifies......
09 June 2017Answer Even if one has a valid nonimmigrant visa, the CBP officers have wide discretion to bar admission. For instance, if the officers suspect that one’s reasons for entering the U.S. are not valid or consistent with what is permitted under that particular visa category,......
05 June 2017Answer Attorneys are not normally permitted to attend visa interviews, so the representation is limited to contacting the consulate by phone or eMail, before or after the visa interview. This can be accomplished from the U.S., and the Murthy Law Firm routinely contacts consulates for......
05 June 2017… My employer says that we should put the company’s headquarters address in response to the question about the name and the address of the actual work site. Would this be acceptable? I’m working at different client sites for relatively short periods of time and......
26 May 2017The U.S. Citizenship and Immigration Services (USCIS) released April 20, 2017 guidance on how international students, particularly those in English language study and STEM OPT extension programs, will be affected by the loss of accreditation of institutions previously recognized by the Accrediting Council for Independent......
24 May 2017… of a nonimmigrant visa. I plan to travel home next month to visit my family. My visa stamp does not expire until next year. Can I use my visa to return to the U.S.? Answer An alcohol related arrest can result in a prudential......
19 May 2017… Because of the pending H1B petition, my SEVIS record was automatically updated showing a cap-gap period until Sep 30th. I would like to apply for the 24-month OPT STEM extension, just in case my H1B petition will not be approved. Can I do that?......
12 May 2017Answer Volunteer work may be acceptable for the initial 12-month OPT period, but is not acceptable for the STEM OPT extension. (08.May.2017) In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details......
08 May 2017Answer Unfortunately, if you transfer to another program of study, your motion will become moot because it will no longer be possible for you to engage in OPT, as it will no longer follow the completion of your previous degree. (05.May.2017) Questions frequently reach us......
05 May 2017… If my petition is denied, will I still be able to transfer to another program to continue in F-1 status? Answer You should be eligible for the cap-gap benefit extending your F-1 status with employment authorization beyond the expiration of your STEM OPT and......
28 April 2017In recent months, the U.S. Citizenship and Immigration Services (USCIS) has reinterpreted a long-existing rule in a manner that impacts applications to change from B-1/B-2 business / visitor status to F-1 full-time student status. The net result is greater uncertainty and expense for B-1/B-2 visitors......
27 April 2017… USCIS has just denied my STEM extension application, saying that my school was not accredited when I applied. What options do I have now and how much time, if any, do I have to get back in status? Answer The USCIS has indicated that......
21 April 2017… I obtained an I-20 form and applied for change of status to F-1. My application is still pending. The program starts next week and my B-2 status will expire around the same time. What do I need to do to comply with immigration law......
14 April 2017Answer A person can only have one nonimmigrant status at any given time. (10.Apr.2017) In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click here. Access more FAQs......
10 April 2017… When I received my degree, my school was accredited by a nationally recognized accrediting agency, but it later lost its accreditation. My employer wants to file my H1B petition for the October 1st start date. Can they file it under the master’s cap, or......
07 April 2017… My employer is filing an H1B petition this week for the October 1st start date. If my STEM OPT application is denied while my H1B petition is still pending, how will this affect my ability to continue living and working in the U.S. until......
31 March 2017Late last night, the same federal judge in Hawaii who issued a temporary restraining order (TRO) that blocked the Trump Administration’s March 6, 2017 travel ban from taking effect, agreed to convert the TRO into a preliminary injunction. A preliminary injunction is similar to the......
30 March 2017… I also have a job offer from another company, which will also be filing an H1B petition for me. I really want to continue working for my current employer, though. If the other employer’s petition is the only one that is approved, could I......
24 March 2017Earlier today, it was revealed that the U.S. Department of State (DOS) has issued several “cables” (i.e. memos) over the past two weeks related to the latest travel ban executive order (EO), which was signed by President Trump on March 6, 2017, but has yet......
23 March 2017… Because the USCIS has suspended premium processing, we may not know if my petition has been accepted until the USCIS issues a regular receipt notice or returns the petition. Will I have to stop working when my OPT expires if we do not get......
10 March 2017U.S. immigration law includes provisions intended to help authorities keep track of foreign nationals in the United States. By law, all non-U.S. citizens aged 18 or older are required to carry at all times, a “certificate of alien registration or alien registration receipt card” (e.g.,......
08 March 2017Updated Later in the day on March 6, 2017 This order has been signed. The travel ban is set to go into effect March 16, 2017. . . . . . . . . . . Later today, President Trump is expected to sign an......
06 March 2017… My first employment authorization document (EAD) has already expired. Yesterday, I received very sad news from home about my grandmother’s passing, which requires that I urgently leave the U.S. to attend the funeral. Would I be able to come back after a short trip......
03 March 2017The U.S. Department of Homeland Security (DHS) is continuing to expand its scrutiny of the social media presence of foreign travelers and foreign nationals applying for U.S. immigration benefits. DHS Secretary John Kelly has stated that the Trump Administration’s “extreme vetting” policies may include asking......
02 March 2017My OPT employment authorization ends in the summer. What options do I have if my H1B petition will not be selected for processing if there is a lottery for H1B filings? Answer If you have a degree in a STEM field eligible for the 24-month......
17 February 2017The Trump Administration filed a supplemental brief with the Ninth Circuit Court of Appeals today that states: “…the President intends in the near future to rescind the [January 27, 2017 executive order that created the travel ban], and replace it with a new, substantially revised......
16 February 2017Today, President Trump stated that he will be “issuing a new executive action next week that will comprehensively protect our country.” He further vowed to appeal the court decision that is currently blocking the travel ban he initiated via a January 27, 2017 executive order.......
16 February 2017… Will I be able to use my EAD to continue working on OPT after the filing? Answer Yes, you should be able to continue working on OPT in valid F-1 status until the USCIS issues your new EAD based on your I-485 application for......
10 February 2017Over the past couple of weeks, we at the Murthy Law Firm have received scores of inquiries regarding President Trump’s January 27, 2017 executive order that instituted a travel ban on foreign nationals from seven predominantly Muslim countries (Iran, Iraq, Syria, Yemen, Sudan, Libya, and......
09 February 2017Answer We have received confirmation from the Department of State that the drop box program is still in place and being used in Chennai (and elsewhere). If the program is changed in the future there will likely be an announcement made on ustraveldocs.com. And, of......
06 February 2017The U.S. Citizenship and Immigration Services (USCIS) has confirmed that it is continuing to adjudicate petitions and applications filed on behalf of foreign nationals from the seven “travel ban” countries. The full statement from the USCIS reads as follows: USCIS continues to adjudicate applications and......
04 February 2017Late on Friday, February 3, 2017, a federal judge ordered a temporary halt nationwide to the travel ban that had applied to nationals of Iran, Iraq, Libya, Syria, Somalia, Sudan, and Yemen. This travel ban, which was instituted by President Trump via executive order, had......
04 February 2017… A few days after I moved to the new address, I notified my DSO and the USCIS of my new address and kept checking the USCIS online case status for my OPT application. It has now been several weeks since the case status changed......
03 February 2017These are trying times in the world of U.S. immigration law. We at the Murthy Law Firm understand that many of you are worried about what the future may hold. Justifiably, as employees, you are concerned about your lives and your authorization to work in......
02 February 2017The U.S. Department of State (DOS) advised representatives of the American Immigration Lawyers Association (AILA) that there are no plans to add any more countries to the travel ban list. The travel ban, instituted on January 27, 2017 by executive order, presently applies to Iran,......
02 February 2017A layoff can present significant challenges for any worker. But, for foreign nationals, a layoff can present an additional layer of difficulties. These FAQs are designed to provide general information regarding some of the more common issues that arise following layoffs for foreign nationals with......
26 January 2023Answer Having a pending green card case does not prevent a person from requesting admission in B-2 status. However, there generally is an increased risk of being denied admission based on immigrant intent. (19.Jan.2023) Sheela Murthy and other senior attorneys provide guidance that clarifies the......
19 January 2023Answer A letter from the previous employer is typically preferred. But, yes, if it is not possible to get such a letter, it may be possible to use coworker affidavits as evidence of past employment experience. (19.Jan.2023) Sheela Murthy and other senior attorneys provide guidance......
19 January 2023The U.S. Citizenship and Immigration Services (USCIS) has announced that the premium processing service soon will be made available for all new and pending I-140 petitions filed under the EB1(c) multinational executive and manager category and EB2 national interest waiver (NIW) I-140 petitions. The USCIS......
18 January 2023The U.S. Department of State (DOS) has released the February 2023 Visa Bulletin. There is almost no movement in the employment-based categories from the previous month. All cutoff dates listed refer to those in the final action chart (i.e., Chart A), unless otherwise specified. Visa......
13 January 2023Beginning of the year planning, such as retention of records for H1B petitions (Public Access Files) and Labor Certification cases (Compliance Files) are discussed by Murthy Law Firm attorneys in this 04.Jan.2023 podcast. The MP3 is available here and will soon appear in the archive......
12 January 2023Answer No, unfortunately, it normally is not possible to take a priority date from a family-based case and apply it to an employment-based case. (12.Jan.2023) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click......
12 January 2023Many foreign nationals who are hoping to become lawful permanent residents (LPRs) face extended backlogs in visa number availability. Since visa number backlogs vary enormously by the country against which an applicant is counted or “charged,” it is important to understand the options for favorable......
11 January 2023Answer Yes, two employers can have PERM cases filed for the same person at the same time. The restriction is on the same employer filing two PERMs for the same person at the same time. (04.Jan.2023) Sheela Murthy and other senior attorneys provide guidance that......
05 January 2023Many aspects of immigration law are tied to expiration dates, grace periods, filing deadlines, and other date-driven matters. So, it is vitally important to keep informed and on top of calendar items and timelines specific to one’s immigration process. Many serious problems can be avoided......
04 January 2023The U.S. Citizenship and Immigration Services (USCIS) has updated its policy manual so that a receipt for an application for naturalization (form N-400) now also will provide a 24-month extension of the applicant’s “green card” (I-551). Prior to this change, if an N-400 applicant wished......
03 January 2023The holiday season provides many with opportunities to have a good time, and a few drinks, with friends. Those who choose to do so should arrange for a designated driver or other safe, sober transportation home. Alcohol-related arrests, not to mention serious accidents, are all......
28 December 2022Part 1 (15.Dec.2022) of this MurthyDotCom article provides a number of tips and reminders for companies to verify that they have remained in compliance with certain key employment and immigration regulations. This second part continues the discussion, focusing on wage issues related to H1B workers.......
27 December 2022Answer In order for your fiancée to qualify for a green card as your dependent, you would need to be legally married before your I-485 is approved. If you get married after your I-485 is approved, you likely will need to sponsor her under the......
22 December 2022Answer If one’s spouse moves to a different H1B employer, this generally does not impact the H-4 status or existing EAD. Similarly, even if the employer withdraws the I-140, this does not have a direct impact on the existing H-4 EAD. However, depending on how......
22 December 2022The U.S. Department of State (DOS) has released the January 2023 Visa Bulletin. With the exception of retrogression for China and India in the employment-based, first preference (EB1) category, there little-to-no movement in any of the employment-based categories. All cutoff dates listed refer to those......
20 December 2022As we approach the end of another new year, now is a good time for employers to review a number of immigration-related matters and documents to help ensure smooth business operations in 2023. It is always advisable to engage in internal audits to identify and......
15 December 2022Answer Once an employer-sponsored green card is issued, the expectation typically is that the beneficiary will work for the sponsoring employer in the position listed on the I-140. If the person works in that position, while also earning money through a second job, entrepreneurship, etc,......
15 December 2022Options for those whose employment has unexpectedly ended are discussed by Murthy Law Firm attorneys in this podcast from 07.Dec.2022. The strategies discussed include change of employer in H1B status, change of status to B, and filing a compelling circumstances EAD. The MP3 is available......
13 December 2022As is painfully evident for many, the process of sponsorship for permanent residence (commonly referred to as a “green card”) via employment can be extremely lengthy. The timeframes, from initiation of the PERM labor certification (PERM LC) application with the U.S. Department of Labor (DOL)......
12 December 2022For many, the close of each calendar year brings with it holidays and good cheer. For some, however, there looms the possibility of layoffs as employers assess their needs for the coming year. This is now true in the tech industry and its many H1B......
30 November 2022For people not accustomed to the open displays of merchandise typical in the United States, the opportunity to pick up a few small items could prove tempting. Many newcomers to this country do not realize that seemingly minor crimes can have very serious immigration, as......
23 November 2022The U.S. Department of Education (DOE) terminated recognition of the Accrediting Council for Independent Colleges and Schools (ACICS) as an accrediting agency on August 19, 2022. The U.S. Citizenship and Immigration Services (USCIS), in turn, recently issued an alert explaining the immigration impact this loss......
21 November 2022Today, the U.S. Department of State (DOS) released the December 2022 Visa Bulletin. The most notable change in the latest visa bulletin is additional retrogression in the employment-based, second preference (EB2) category. All cutoff dates listed refer to those in the final action chart (i.e.,......
16 November 2022Legalization or decriminalization of marijuana at the state level can mislead noncitizens into thinking using marijuana in accordance with state law is legal. Marijuana, however, is a controlled substance under federal law. Therefore, the use, sale, purchase, or even the mere possession of marijuana, in......
15 November 2022The ability to pay for I-140 petitions based on labor certifications and the I-864 Affidavit of Support for family-based green cards is discussed by Murthy Law Firm attorneys in this 02.Nov.2022 podcast. The MP3 is available here and in the archive of our teleconferences and......
11 November 2022Answer The general requirement is that a foreign national must be in valid status at the time an I-485 application is filed. If an H-4 dependent timely applies for an extension of status, once the I-94 expires, she remains in a period of authorized stay......
10 November 2022The U.S. Citizenship and Immigration Services (USCIS) recently announced an updated policy regarding medical certification for disability exceptions (form N-648) to make the naturalization process more accessible for applicants with disabilities. The USCIS policy manual clarifies the manner in which medical professionals can properly complete......
09 November 2022Answer In order to be admitted in B-1/B-2 status, the burden is on the foreign national to demonstrate that she lacks immigrant intent for that particular trip. Given that you filed this petition for an immediate relative – and therefore, not subject to the numerical......
03 November 2022Answer The fact that the I-130 petition was filed for consular processing would not prevent the beneficiary from instead applying for adjustment of status. However, until the priority date is current, it generally is not possible to file an I-485 application. (19.Oct.2022) Sheela Murthy and......
20 October 2022A foreign national may be found to be inadmissible (i.e., ineligible to enter the United States, adjust status from within the U.S., or apply for certain other immigration benefits) for a variety of reasons. Some categories of inadmissibility result in a permanent bar to the......
17 October 2022Answer The NIW requires an intention to continue to work in the field of expertise. So, while there is no specific job offer requirement, the entire case is based upon one’s qualifications and the benefit prospectively to the United States that is likely to come......
13 October 2022The U.S. Citizenship and Immigration Services (USCIS) has announced that, as of September 26, 2022, a person’s permanent resident card (i.e., “green card”) will be extended for two years beyond the expiration date based on a properly filed application to replace permanent resident card (form......
12 October 2022The October 2022 Visa Bulletin, future predictions for the Visa Bulletin, and documentation required to file an I-485 application are the topics discussed by Murthy Law Firm attorneys in this podcast from 05.Oct.2022. The MP3 is available here and will soon appear in the archive......
10 October 2022Today, the U.S. Department of State (DOS) released the November 2022 Visa Bulletin. Unfortunately, the bulletin remains nearly identical to the October 2022 bulletin. All cutoff dates listed refer to the dates in the final action chart (i.e., Chart A), unless otherwise specified. Visa Bulletin......
07 October 2022Answer Unlike most nonimmigrant visa categories, the H1B category allows for dual intent. Therefore, a pending (or approved) family-based green card case normally would not impact a person’s ability to apply for H1B status. (05.Oct.2022) Sheela Murthy and other senior attorneys provide guidance that clarifies......
05 October 2022Answer Although there is a process for requesting that a petition be expedited, this would be for the USCIS to adjudicate a particular case. Unfortunately, the USCIS cannot “expedite” a priority date becoming current. (05.Oct.2022) Sheela Murthy and other senior attorneys provide guidance that clarifies......
05 October 2022Answer Ordinarily, a person may remain in the United States in a period of authorized stay based on a pending I-485 application. So, generally speaking, there is no requirement for the individual to maintain valid status while waiting for the green card to be issued.......
29 September 2022Answer That depends upon whether the second PERM is with the same company or not. If the second PERM is with a different company, there is no problem. Otherwise, companies are not supposed to file two PERMs and have them pending for the same person......
29 September 2022“Can I file a green card for myself?” The Murthy Law Firm regularly receives inquiries like this from foreign nationals wondering whether it is possible to self-sponsor to become a lawful permanent resident (“green card” holder). While most of the employment-based categories require a U.S.......
29 September 2022The U.S. Department of Homeland Security (DHS) has published a final rule in the Federal Register, which reaffirms long-standing guidance applicable for determinations of whether an individual is likely to become a public charge. A foreign national who is considered likely to become a public......
22 September 2022Answer The USCIS generally cannot approve an I-485 if the priority date of the underlying I-140 is no longer current. Therefore, if your wife’s case is not approved before October 1st, it likely will remain pending until the date becomes current again (or some other......
22 September 2022The U.S. Citizenship and Immigration Services (USCIS) announced yesterday evening that, effective immediately, it has initiated the third phase of expanding the availability of premium processing service for two categories of I-140 petitions that historically have not been eligible for premium processing. Specifically, the USCIS......
16 September 2022The impact of timing issues when filing H1B and other nonimmigrant extensions and when the PERM process (i.e. green card) should be started are topics discussed by Murthy Law Firm attorneys in this teleconference from 07.Sep.2022. The MP3 is available here and in the archive......
16 September 2022The October 2022 Visa Bulletin provided unwelcome news to many in the form of significant retrogression in several employment-based categories. Whenever there is retrogression – that is, a cutoff date that moves backwards in the monthly visa bulletin – it inevitably raises questions and concerns......
13 September 2022This evening, the U.S. Department of State (DOS) released the October 2022 Visa Bulletin. This is the first visa bulletin for fiscal year 2023. All cutoff dates listed refer to the dates in the final action chart (i.e., Chart A), unless otherwise specified. Visa Bulletin......
07 September 2022A formal declaration from a U.S. Citizenship and Immigration Services (USCIS) official in relation to a pending lawsuit has revealed some updated information and short-term predictions regarding the monthly visa bulletin. The declaration was signed on September 6, 2022 by Mr. Andrew Parker, who is......
07 September 2022Answer No, unfortunately, it normally is not possible to transfer a family-based priority date to an employment-based case (or vice versa). (01.Sep.2022) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more......
01 September 2022The U.S. Department of Homeland Security (DHS) has proposed a regulation that, if implemented, would provide the DHS with greater authority to alter certain requirements during the form I-9 employment eligibility verification process. In particular, the rule would further empower the DHS to implement alternative......
01 September 2022On August 10, 2022, the U.S. Department of State (DOS) shared a briefing where Ms. Julie M. Stufft, Deputy Assistant Secretary for Visa Services in the Bureau of Consular Affairs, discussed the status of immigrant and nonimmigrant visa processing at U.S. embassies and consulates around......
29 August 2022Answer Having a pending I-485 would not automatically prevent a person from applying for a change of status to F-1. But, the USCIS would likely deny the F-1 application based on immigrant intent. (24.Aug.2022) Sheela Murthy and other senior attorneys provide guidance that clarifies the......
25 August 2022The U.S. Citizenship and Immigration Services (USCIS) has published several new guides aimed at attracting STEM professionals to the United States. The publications provide overviews of nonimmigrant and immigrant visa options for foreign nationals to work in STEM fields in the U.S. Overview of STEM......
25 August 2022For most types of immigrant petitions, such as a family-based petition for an alien relative (form I-130) or an employment-based petition for an alien worker (form I-140), the petitioner must indicate whether the foreign national beneficiary will be applying for adjustment of status (form I-485)......
22 August 2022Answer Yes, the fact that you did not file an I-485 based on the old I-140 within one year normally would not impact your ability to retain the priority date. (18.Aug.2022) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information......
18 August 2022Generally, a foreign national is limited to a maximum duration of stay of six years in H1B status. The law, however, provides a few exemptions to this limitation. Depending on the circumstances, an individual may qualify to extend status in one- or three-year increments beyond......
15 August 2022Answer Generally speaking, as long as the couple is legally married at the time the green card is issued, getting divorced after the green card is issued would not impact the validity of that green card. (10.Aug.2022) Sheela Murthy and other senior attorneys provide guidance......
10 August 2022Answer No, filing an I-130 petition on behalf of one’s sibling typically would have no impact on that person’s pending or approved I-140. (10.Aug.2022) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here.......
10 August 2022The U.S. Department of State (DOS) has released the September 2022 Visa Bulletin. This is the final visa bulletin for fiscal year 2022, and there is almost no movement in cutoff dates from the previous month. All cutoff dates listed refer to the dates in......
08 August 2022The impact of criminal issues (such as DUI and shoplifting) on nonimmigrant status and lawful permanent residence (i.e. green card) is the topic discussed in this teleconference from 08.Aug.2022. The MP3 is available here and in the archive of our teleconferences and podcasts on iTunes.......
08 August 2022Answer When the USCIS issues an RFE for medicals on a pending I-485 application, that may be an indication that the case is close to being approved. We tend to see this a lot as we approach the end of the fiscal year (i.e., September......
04 August 2022The U.S. Citizenship and Immigration Services (USCIS) has announced two accommodations being made related to the COVID-19 pandemic. First, the USCIS again has extended the response time flexibility, initially announced on March 20, 2020. Second, the USCIS has made permanent the policy that allows all......
04 August 2022The U.S. Citizenship and Immigration Services (USCIS) will soon begin the second phase of its efforts to expand the availability of premium processing service for two categories of I-140 petitions that historically have not been eligible for premium processing. Specifically, the USCIS is expanding the......
28 July 2022Answer Typically, there is no need to be in the U.S. when an I-140 is filed. (27.Jul.2022) 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......
28 July 2022Answer No, this should not impact your ability to retain the priority date from Company A’s approved I-140. Unless the I-140 filed by Company A is revoked for fraud, willful misrepresentation, the invalidation of the underlying labor certification, or material error, you generally will be......
28 July 2022The use of domestic workers, such as live-in maids or nannies, tends to be less common in the United States than it is in many other parts of the world. Foreign nationals planning to come to the United States, in addition to U.S. citizens living......
20 July 2022Under certain circumstances, the U.S. Department of State (DOS) has the authority to terminate an immigrant visa registration and revoke the underlying immigrant visa petition if the priority date is current and the case has remained inactive for a specific duration. The following is an......
13 July 2022Today, the U.S. Department of State (DOS) released the August 2022 Visa Bulletin. All cutoff dates listed refer to the dates in the final action chart (i.e., Chart A), unless otherwise specified. Visa Bulletin Summary Employment-Based, First Preference (EB1) Category The EB1 category remains current......
08 July 2022Answer Ordinarily, having a pending or approved I-140 would not impact a person’s ability to be the beneficiary of an I-130 petition. There typically would be no need to withdraw the I-140 petition. (06.Jul.2022) Sheela Murthy and other senior attorneys provide guidance that clarifies the......
07 July 2022There are questions commonly on the minds of many MurthyDotCom readers regarding the effect of reentry into the United States on H1B or L-1 workers who also have approved advance parole (AP) based on a pending application to adjust status (form I-485). The law pertaining......
07 July 2022The U.S. Citizenship and Immigration Services (USCIS) has published answers to a list of frequently asked questions related to pending employment-based (EB) adjustment of status applications (form I-485). The FAQs provide information on steps the USCIS is taking to maximize the use of employment-based immigrant......
29 June 2022The ongoing pandemic has made movement in the monthly visa bulletin even harder to predict than normal. Moreover, while the U.S. Citizenship and Immigration Services (USCIS) can be painfully slow in adjudicating I-485 applications, some of these applications are unexpectedly approved rather quickly. This unpredictability......
27 June 2022Answer Once the principal spouse’s green card is approved, that individual generally is no longer considered to be in H1B status. And, if the principal spouse is no longer in H1B status, the dependent spouse typically cannot be maintaining valid H-4 status (or continue to......
15 June 2022Answer No, there is no such requirement. You likely are thinking of the rule that requires the passport to be valid for at least six months beyond a nonimmigrant’s anticipated stay in the United States. But even that “rule” only applies to passports issued by......
15 June 2022This morning, the U.S. Department of State (DOS) released the July 2022 Visa Bulletin. All cutoff dates listed refer to the dates in the final action chart (i.e., Chart A), unless otherwise specified. Visa Bulletin Summary Employment-Based, First Preference (EB1) Category The EB1 category remains......
10 June 2022Answer Ordinarily, it is possible to remain in the U.S. in a period of authorized stay based on a pending I-485 application. (08.Jun.2022) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access......
09 June 2022Answer Typically, the USCIS does not provide a specific breakdown of processing times based on whether an RFE has been issued, responded to, etc. Rather, the USCIS processing times webpage simply lists processing times based on the type of case and the field office or......
09 June 2022Answer Normally, filing a second I-485 is not recommended and does not result in the green card being issued more quickly. To the contrary, if the USCIS officer reviewing the case follows the proper procedure, filing a second I-485 typically will result in additional delay.......
09 June 2022Lawful permanent residents (LPRs), including conditional lawful permanent residents, who have remained outside the United States for more than one year, or beyond the validity period of a reentry permit issued by the U.S. Citizenship and Immigration Services (USCIS), typically are required to apply for......
08 June 2022Answer Yes, generally speaking, the fact that one’s I-485 is pending based on a spouse’s I-140 would not prevent the person from interfiling based on one’s own I-140 petition. (01.Jun.2022) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on......
02 June 2022Answer There is no requirement that a person be in H1B status for a company to initiate a PERM case for that individual. (01.Jun.2022) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here.......
02 June 2022In most circumstances, the U.S. Citizenship and Immigration Services (USCIS) is required to revoke an approved family-based petition for alien relative (form I-130) if the petitioning relative dies before the beneficiary is issued an immigrant visa. However, under certain circumstances, a humanitarian reinstatement request is......
01 June 2022The U.S. Citizenship and Immigration Services (USCIS) will soon begin phasing in the availability of premium processing service for two categories of I-140 petitions that historically have not been eligible for premium processing. Specifically, the USCIS will expand the option of premium processing service to......
30 May 2022Most foreign nationals in the United States must report address changes to the U.S. Citizenship and Immigration Services (USCIS). The legal timeframe for this notification is just ten days. The process is simple and free, and helps to facilitate proper delivery of official notices and......
26 May 2022Answer In completing an I-864 Affidavit of Support form, the individual sponsoring a family member for permanent residence normally must demonstrate income at a level equal to or above 125 percent of the federal poverty guideline level. If the sponsor does not have a sufficient......
26 May 2022Answer Unfortunately, this type of error can be a serious problem for a number of reasons. First off, if the USCIS notices the error, they typically will move to revoke the green card. Second, even if the USCIS does not revoke the green card, it......
26 May 2022Answer In order submit an I-485 application, one needs to physically be in the United States at the time of filing. If you wish to apply for a green card from India, the application normally would be submitted for consular processing (i.e., applying for an......
19 May 2022This morning, the U.S. Department of State (DOS) released the June 2022 Visa Bulletin. All cutoff dates listed refer to the dates in the final action chart (i.e., Chart A), unless otherwise specified. Visa Bulletin Summary Employment-Based, First Preference (EB1) Category The EB1 category remains......
12 May 2022Answer Trying to determine whether a particular location qualifies as a high unemployment area can be challenging. The requirement is that the business must be located in a census tract, or contiguous census tracts, experiencing unemployment of at least 150 percent of the national average.......
05 May 2022The U.S. Citizenship and Immigration Services (USCIS) has implemented a risk-based approach to waive interviews for conditional permanent residents (CPR) who have filed a petition to remove conditions on residence (form I-751). This replaces the previous policy, which had mandated interviews for virtually all CPRs......
25 April 2022Regular readers of MurthyDotCom have likely come across the terms: lawful status, period of authorized stay, and unlawful presence. These related, yet distinct concepts can play a very important role in one’s immigration matters. However, the differences can be subtle and complex. In many situations,......
19 April 2022The U.S. Department of State (DOS) has released the May 2022 Visa Bulletin. All cutoff dates listed refer to the dates in the final action chart (i.e., Chart A), unless otherwise specified. Visa Bulletin Summary Employment-Based, First Preference (EB1) Category The EB1 category remains current......
13 April 2022The employment-based, fifth preference (EB5) immigrant investor program was established to help stimulate the U.S. economy though job creation and capital investment by foreign investors. Under this program, a foreign national investor is eligible to apply for permanent residency if the person invests the requisite......
06 April 2022Today, the U.S. Citizenship and Immigration Services (USCIS) announced multiple initiatives to help streamline the adjudication of benefit requests and reduce significant backlogs. Most importantly, the agency announced that the Department of Homeland Security (DHS) has finalized the rule expanding premium processing to additional application......
29 March 2022Given the complex nature of U.S. immigration procedures and requirements, many individuals face lapses and potential violations of their immigration statuses at some point during their periods of stay in the United States. We frequently address questions about resolving status and related problems, including the......
28 March 2022Answer No, there normally would be no need to withdraw a family-based case for someone who is applying for an H1B visa. A pending family-base case typically would have no impact on the H1B visa process. (23.Mar.2022) Sheela Murthy and other senior attorneys provide guidance......
24 March 2022Answer If a person continues to work in the green card position, working a second job concurrently typically would not jeopardize the green card (or future naturalization application). (23.Mar.2022) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our......
24 March 2022Following the release of the April 2022 Visa Bulletin, the U.S. Citizenship and Immigration Services (USCIS) updated its website to indicate that foreign nationals may use the more favorable dates for filing chart (i.e., Chart B) in April for purposes of applying for adjustment of......
18 March 2022The U.S. Department of State (DOS) has released the April 2022 Visa Bulletin. The employment-based, second preference (EB2) category for foreign nationals born in India advances a bit, while the other categories largely remain unchanged. All cutoff dates listed refer to the dates in the......
16 March 2022The U.S. Department of Homeland Security (DHS) has published a proposed rule that, if implemented, would reaffirm long-standing guidance applicable for determinations of whether an individual will become a public charge. In its announcement, the DHS calls the rule “fair and humane,” in contrast to......
14 March 2022Congress is poised to pass an omnibus spending bill that would include a provision to reauthorize the EB5 regional center program. Assuming the bill is signed into law, it would also make a number of important changes to the EB5 program. Overview of Proposed Changes......
09 March 2022The transfer of underlying basis of employment-based I-485 applications (i.e. interfiling) and AC21 portability provisions while the I-485 application is pending are discussed by Murthy Law Firm attorneys in this teleconference recorded 02.Mar.2022. The MP3 is available here and in the archive of our teleconferences......
09 March 2022The U.S. Citizenship and Immigration Services (USCIS) has begun issuing employment authorization documents (EADs) separately from advance parole (AP) documents. This is being done in an effort to clear backlogs in EAD applications. Background on “Combo Cards” When a foreign national files an I-485 adjustment......
03 March 2022Answer There is no requirement that a foreign national be in L1A status before being sponsored for a green card through the EB1(c) category. Being in H1B status would not prevent an employer for filing an EB1(c) case on your behalf, assuming you meet all......
03 March 2022The U.S. Department of State has posted the following updated instructions regarding consular services currently available for Ukrainians: The U.S. Mission to Ukraine is not currently offering visa services. Beginning immediately, Ukrainian immigrant visas (IVs) other than adoption cases will be processed at Consulate General......
02 March 2022Answer No. Ordinarily a green card holder cannot sponsor a parent for a family-based green card. (24.Feb.2022) 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......
24 February 2022Answer Last summer, the U.S. Senate passed the United States Innovation and Competition Act. Earlier this month, the U.S. House passed its own version of the bill, called the America COMPETES Act. In order for the bill to be sent to the President to sign......
24 February 2022For many years, the EB2 India category consistently had a cutoff date more favorable than its EB3 counterpart. Since October 2020, however, there has been some back-and-forth, with the EB3 India cutoff date surging ahead of EB2, then EB3 stalling and the EB2 cutoff date......
23 February 2022The U.S. Department of State (DOS) has released the March 2022 Visa Bulletin. The employment-based, second preference (EB2) category for foreign nationals born in India continues to advance, while the other categories largely remain stagnant. All cutoff dates listed refer to the dates in the......
16 February 2022Answer Generally speaking, there is no set time limit for filing an I-485 after the priority date becomes current. (09.Feb.2022) 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.......
10 February 2022Answer First of all, your employer did the right thing by making sure you were not involved in the PERM LC process. If you had been involved, this alone could have resulted in a denial. Keep in mind that the PERM process is primarily a......
03 February 2022The U.S. Citizenship and Immigration Services (USCIS) has posted guidance for transferring the underlying basis of a pending adjustment of status (AOS) application (form I-485). This process, more commonly referred to as interfiling, is the method I-485 applicants use to “upgrade” or “downgrade” between the......
02 February 2022This is the second in our two-part NewsBrief on extended travel by U.S. permanent residents (“green card” holders). Here we provide additional information regarding when such travel is acceptable and when it can be regarded as an abandonment of U.S. permanent resident status. Also addressed......
31 January 2022Answer At the end of 2021, Charles Oppenheim retired from his position as the Chief of the Visa Control and Reporting Division for the U.S. Department of State (DOS). Until his retirement, Mr. Oppenheim had been providing visa bulletin updates most months. We would then,......
27 January 2022The Murthy Law Firm often receives questions from permanent residents (“green card” holders) regarding their options for traveling abroad for extended periods. There are certain common misunderstandings within the immigrant community regarding U.S. immigration laws for such travel by permanent residents. Here, we address some......
24 January 2022The U.S. Department of State (DOS) has released the February 2022 Visa Bulletin. The most notable movement is in the employment-based, second preference (EB2) category for foreign nationals born in India. All cutoff dates listed refer to the dates in the final action chart (i.e.,......
14 January 2022Answer No, a copy of the original I-140 (or the courtesy copy provided by the USCIS) should suffice. Even if the person does not have a copy, but can provide the receipt number, the USCIS should still be able to use this to process the......
12 January 2022Current trends in the Biden Administration, including USCIS adjudications, visa issuance at the consulates, and issues at ports of entry after traveling abroad are discussed by Murthy Law Firm attorneys in this podcast from 05.Jan.2022. The MP3 is available here and in the archive of......
11 January 2022Answer No, there is no requirement that a person be physically in the U.S. at the time a Supplement J is filed. (06.Jan.2022) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access......
06 January 2022The U.S. Department of State (DOS) has issued a temporary final rule that provides consular officers discretion to waive the personal appearance and in-person oath requirement of certain repeat immigrant visa applicants who were issued an immigrant visa on or after August 4, 2019. This......
03 January 2022Answer Generally speaking, if a lawful permanent resident (i.e., “green card” holder) returns to the U.S. after being issued an SB1, the existing green card remains valid through the expiration date on the card. (22.Dec.2021) Sheela Murthy and other senior attorneys provide guidance that clarifies......
23 December 2021The Murthy Law Firm is happy to report our recent success in obtaining the green card for a client by suing the U.S. Citizenship and Immigration Services (USCIS) in federal court. We filed this writ of mandamus lawsuit regarding our client’s pending application to register......
23 December 2021This morning, the U.S. Department of State (DOS) released the January 2022 Visa Bulletin. There is very little movement in January from the December 2021 visa bulletin. Visa Bulletin Summary Employment-Based, First Preference (EB1) Category The EB1 category remains current for all countries of chargeability.......
16 December 2021Answer If the child qualified as a dependent at the time the I-485 was filed based on the date being current in Chart A (i.e., the final action chart), the child normally would not be at risk of aging out based on subsequent retrogression. However,......
16 December 2021Answer Based on the information provided, there is a good chance you already qualify for the EB1(c) category. Normally, in order to qualify as a multinational manager / executive for EB1(c) purposes, the foreign national must have worked abroad for a related company as a......
16 December 2021The PERM process and recent trends regarding preparation and adjudication of labor certification cases are the topics discussed by Murthy Law Firm attorneys in this session from 01.Dec.2021. The MP3 is available here and in the archive of our teleconferences and podcasts on iTunes. ......
13 December 2021Answer No, there have not been any recent changes. For now, we are still waiting to see what Congress will do regarding reauthorization of the EB5 regional center program. Congress passed a continuing resolution to keep the government funded through February 18, 2022. The hope......
09 December 2021Facebook has entered into two separate settlement agreements with the U.S. Department of Justice (DOJ) and the U.S. Department of Labor (DOL) following allegations that the company discriminated against U.S. workers with the PERM labor certification process. In accordance with the terms of the settlement,......
08 December 2021For many years, Charles Oppenheim, the U.S. Department of State (DOS) Chief of the Visa Control and Reporting Division, has been providing monthly visa bulletin explanations and predictions. He is scheduled to retire in December 2021, but he did make the time to provide some......
02 December 2021Answer Immigration officers at the U.S. ports of entry generally have discretion to admit a person on a B-1/B-2 visitor visa while that individual has a green card case pending. However, to be admitted on a B-1/B-2 visa, the foreign national typically must demonstrate a......
18 November 2021Answer For I-140 petitions filed for consular processing, the dates for filing (DF) chart indicates when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center. The immigrant visa cannot be issued by the consulate until one’s priority......
18 November 2021This morning, the U.S. Department of State (DOS) released the December 2021 Visa Bulletin. The most significant development is that the cutoff date for EB2 India moves past its EB3 counterpart in December. Visa Bulletin Summary Employment-Based, First Preference (EB1) Category The EB1 category remains......
15 November 2021Answer We had a similar question several weeks ago, and our response may not have been sufficiently nuanced. Our general recommendation is that, if an EB3 downgrade case has been filed and later the individual wishes to return to EB2, some action should be taken.......
11 November 2021Answer There is no set amount of time a lawful permanent resident must wait to sponsor a qualifying family member for a green card. Further, the fact that she has a pending employment-based green card case does not prevent her from also being sponsored for......
04 November 2021The U.S. Department of State (DOS) recently held its monthly YouTube program with Charlie Oppenheim, Chief of the Visa Control and Reporting Division. During the program, Mr. Oppenheim provided some updated predictions, and revealed that he soon will be retiring. So, this likely will be......
28 October 2021Answer No. If the I-485 was filed based on the EB3 I-140, the USCIS normally would continue to process it as an EB3 case. In order to have the case processed under the EB2 category, one option may be to interfile the previously approved I-140......
21 October 2021Answer No, there is no requirement that the priority date still be current in order for a person to use AC21 to port to a same / similar position. (21.Oct.2021) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on......
21 October 2021It is not unusual for a foreign national to be sponsored for an employment-based, third preference (EB3) position, and to later “upgrade” to an employment-based, second preference (EB2) position in a subsequent case, based on a higher level degree and/or additional work experience. For many,......
20 October 2021The U.S. Department of State (DOS) has issued instructions for entry into the fiscal year (FY) 2023 diversity visa (DV) lottery, more commonly known as the “green card” lottery. The FY23 diversity lottery will grant up to 55,000 immigrant visas to qualified applicants. Registration for......
18 October 2021This morning, the U.S. Department of State (DOS) released the November 2021 Visa Bulletin. This month’s visa bulletin includes some bad, but not unexpected, news regarding retrogression in the employment-based, third preference (EB3) category. Visa Bulletin Summary Employment-Based, First Preference (EB1) Category The EB1 category......
14 October 2021The October 2021 Visa Bulletin, future predictions for the Visa Bulletin, and documentation required to file an I-485 application are the topics discussed by Murthy Law Firm attorneys in this podcast. The MP3 is available here and in the archive of our teleconferences and podcasts......
13 October 2021The U.S. Citizenship and Immigration Services (USCIS) has provided answers to a number of frequently asked questions (FAQs) on its newly implemented bona fide determination process for pending U nonimmigrant applications. As reported in the MurthyDotCom NewsBrief, Employment Authorization Available for Pending U Visa Petitioners......
13 October 2021Answer There is a bill that has been proposed in Congress to carry over about 90,000 unused immigrant visa numbers to the new fiscal year; however, at this point, it is merely a proposal. There is some bipartisan support for it in Congress, but, at......
07 October 2021The U.S. Citizenship and Immigration Services (USCIS) has expanded its credit card payment pilot program to the Texas Service Center (TSC). Under this expanded program, if a petitioner files an immigrant petition for alien worker (form I-140) at the TSC with a request for premium......
06 October 2021Answer It is very difficult to say what Congress will do; however, we are still hopeful that the regional center program will ultimately be renewed. Based on recent events, it seems the most likely time for this to happen would be in December, with the......
30 September 2021Last month, the Centers for Disease Control and Prevention (CDC) announced that, effective October 1, 2021, the COVID-19 vaccination will be added to the list of required vaccinations for foreign nationals applying for permanent residency in the United States (i.e., a green card). The U.S.......
27 September 2021Answer No, that is not correct. We do not have any way of tracking how many of these cases have been adjudicated by the USCIS, but we can confirm that at least some of the I-485 applications the Murthy Law Firm filed for I-140 downgrade......
23 September 2021Answer We cannot verify whether the specific call you received was legitimate, but we can confirm that we have recently received a number of legitimate calls like this from USCIS officers. To be clear, this is not how the USCIS normally operates. You should be......
23 September 2021The U.S. Department of State (DOS) recently held its monthly YouTube program with Charlie Oppenheim, Chief of the Visa Control and Reporting Division. The October 2021 Visa Bulletin included predictions, but Mr. Oppenheim provided some additional information during the program. Most notably, he provided more......
22 September 2021Answer Unfortunately, filing an I-485 based on the dates for filing chart (i.e., Chart B) does not automatically protect a child from aging out. However, the fact that your child turns 21 while the I-485 is pending does not necessarily mean he will age out.......
16 September 2021Answer Ordinarily, an acquisition of the company that filed the I-140 would not impact the beneficiary’s ability to continue to extend H1B status based on that approved I-140. (16.Sep.2021) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our......
16 September 2021The U.S. Citizenship and Immigration Services (USCIS) updated its adjustment-of-status filing charts webpage today, indicating that the more favorable dates for filing chart (i.e., Chart B) is to be used for virtually all family and employment-based categories in the October 2021 Visa Bulletin. The only......
13 September 2021[See NewsFlash! Use “Dates for Filing Chart” for Oct 2021 Visa Bulletin, posted later on 13.Sep.2021.] This morning, the U.S. Department of State (DOS) released the October 2021 Visa Bulletin, which is the first visa bulletin for fiscal year 2022. This month’s visa bulletin also......
13 September 2021Answer Ordinarily, being sponsored by a family member for a green card would not impact an employer’s ability to sponsor you. (09.Sep.2021) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more......
09 September 2021The Murthy Law Firm is pleased to report on a recent, hard-fought win at the U.S. District Court for the District of Columbia, reversing the U.S. Citizenship and Immigration Services (USCIS) denial of a form I-140 petition for our client. This ruling undoubtedly will be......
08 September 2021The U.S. Citizenship and Immigration Services (USCIS) has released an updated application to register for permanent residence or adjust status (form I-485), which now provides the applicant with the option to also apply for a new or replacement Social Security card. Previously, this required a......
01 September 2021The U.S. Department of State (DOS) recently held its monthly YouTube program with Charlie Oppenheim, Chief of the Visa Control and Reporting Division. During the program, Mr. Oppenheim provided updated predictions for fiscal year 2022 (FY22), which begins on October 1, 2021. Predictions for Start......
27 August 2021Answer There is no family-based category that enables a U.S. citizen to sponsor a cousin for a green card. (26.Aug.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.......
26 August 2021The U.S. Citizenship and Immigration Services (USCIS) has revised its policy related to the definition of a parental relationship. The USCIS will now recognize a parent-child relationship for children born abroad using assisted reproductive technology (ART), as long as the child’s parents were married at......
26 August 2021On August 24, 2021, the Centers for Disease Control and Prevention (CDC) announced that, starting October 1, 2021, green card applicants will be required to be fully vaccinated against Covid-19. The complete vaccination history is documented by a designated civil surgeon on form I-693, which......
25 August 2021The U.S. Senate has confirmed President Biden’s nominee, Ur Mendoza Jaddou, to serve as the Director of the U.S. Citizenship and Immigration Services (USCIS). Director Jaddou, whose mother is from Mexico and father is from Iraq, is the first woman to be confirmed by the......
23 August 2021Answer Generally speaking, once the I-485 has been approved, it is no longer possible to port to a same / similar position pursuant to AC21. As discussed in the MurthyDotCom NewsBrief, Changing Employers After Receiving Employment-Based Green Card (09.Aug.2021), there may be risks associated with......
19 August 2021The U.S. Department of State (DOS) has released the September 2021 Visa Bulletin, which is the last visa bulletin for fiscal year 2021. All cutoff dates listed refer to the dates in the final action chart (i.e., Chart A), unless otherwise specified. The U.S. Citizenship......
13 August 2021This afternoon, the U.S. Citizenship and Immigration Services (USCIS) announced that, effective August 12, 2021, the validity period of a report of medical examination and vaccination record (form I-693) will temporarily be extended from two years to four years. Per the announcement, the USCIS may......
12 August 2021The U.S. Citizenship and Immigration Services (USCIS) requires foreign nationals to submit biometrics in-person at an application support center (ASC) before granting certain categories of immigration benefits. After the USCIS schedules the biometrics appointment, if the individual fails to attend and does not take any......
12 August 2021Answer It is true that the USCIS has now implemented a process so that one may apply for a Social Security Number as part of the I-485 application process. However, it appears this option is only available for I-485 applications that have not yet been......
11 August 2021In most situations, to obtain U.S. lawful permanent resident status (i.e., a “green card”) through an employment-based (EB) category, one must be sponsored by a U.S. employer for a position that is full time and permanent. The foreign national must intend to work in that......
09 August 2021Historically, the employment-based, second preference (EB2) category for India has enjoyed a more favorable cutoff date in the monthly visa bulletin than its employment-based, third preference (EB3) counterpart. More recently, the cutoff date for EB3 India has surged forward, and has consistently remained ahead of......
05 August 2021Answer The USCIS does not appear to have an official policy on this. Anecdotally, however, we have had cases where we have provided an updated I-94 to the USCIS while the form I-765 application for employment authorization was pending. For at least some of those......
04 August 2021Foreign nationals frequently are confused by the specific instructions found in certain denial decisions issued in response to their immigration filings. The standard language used by these government agencies is often wrongly perceived as either requiring or recommending specific action. The terminology discussed here is......
02 August 2021Answer A U.S. citizen who is at least 21 years old typically can sponsor a sibling for a green card under the family-based, fourth preference (FB4) category. However, the pending or approved I-130 petition does not provide any immediate immigration benefits. Rather, one would need......
29 July 2021With the ongoing pandemic, there have been severe backlogs in immigrant visa processing at U.S. consular posts. The overwhelming majority of consular posts still have limited capacity to process immigrant visas. Due to the delayed visa interviews during the pandemic, the National Visa Center (NVC)......
29 July 2021Answer Generally speaking, a U.S. citizen living abroad may sponsor her parents for green cards when she turns 21, as long as she plans on moving to the U.S. once the immigrant visas are issued. (On occasion, we have seen consulates require the U.S. citizen......
22 July 2021The U.S. Department of State (DOS) recently held its monthly YouTube program with Charlie Oppenheim, Chief of the Visa Control and Reporting Division. During the program, Mr. Oppenheim answered various questions submitted by stakeholders, mainly related to predictions for the September 2021 Visa Bulletin, which......
22 July 2021The U.S. Citizenship and Immigration Services (USCIS) has updated its policy guidance related to the impact of registering to vote on a foreign national’s good moral character (GMC) requirement when applying for U.S. citizenship. The updated guidance is designed to prevent potentially catastrophic consequences for......
19 July 2021Answer In the list of exceptions to the COVID-related travel ban, there is no mention of individuals with AP. This presumably means that a person with an AP must obtain a national interest exception (NIE) in order to return to the U.S. Based on anecdotal......
15 July 2021Answer For now, the USCIS will not adjudicate any I-485 applications filed based on an I-526 petition, where the investment was made in a regional center. Assuming Congress renews the program, the USCIS is expected to resume processing these I-485 applications. As for the EAD......
15 July 2021Answer If the divorce is finalized before the I-485 is approved, your case should be denied by the USCIS. However, if the green card is issued before the divorce is official, the divorce typically would have no impact on the green card. (15.Jul.2021) Sheela Murthy......
15 July 2021This afternoon, the U.S. Department of State (DOS) released the August 2021 Visa Bulletin. All cutoff dates listed refer to the dates in the final action chart (i.e., Chart A), unless otherwise specified. The U.S. Citizenship and Immigration Services (USCIS) has not yet indicated whether......
14 July 2021Due to the COVID-19 pandemic, foreign nationals traveling to the United States from certain countries have been subject to travel restrictions based on several presidential proclamations. The presidential proclamations currently in effect suspend entry to the United States of certain individuals who were present in......
08 July 2021Answer Normally, it is possible to apply for a B-2 visa while one’s I-130 is pending. However, there is a risk that the consulate could deny issuance of the B-2 based on immigrant intent. The risk of denial typically would increase if the I-130 was......
08 July 2021Answer Assuming the business is located in a targeted employment area (TEA), it may be possible to invest $500,000 in this business and apply through the EB5 program. If multiple people invest in a business, the business must create ten new jobs per EB5 investor.......
08 July 2021The U.S. Department of State (DOS) recently held its monthly YouTube program with Charlie Oppenheim, Chief of the Visa Control and Reporting Division. During the program, Mr. Oppenheim provided some updated predictions for the rest of fiscal year 2021 (FY21), which runs through September 30,......
05 July 2021Answer Generally speaking, we recommend making the full investment prior to filing the initial I-526 petition. The regulations technically allow for a person to be “actively in the process of investing” at the time the petition is filed. However, doing so can be risky, and......
01 July 2021The regional center portion of the employment-based, fifth preference (EB5) immigrant investor program will expire after June 30, 2021. Congress failed to reach an agreement to extend the program, and it is now in recess until July 9, 2021. There is still reason to believe......
28 June 2021Cutoff dates in the visa bulletin have moved significantly during the current fiscal year, resulting in thousands of individuals being able to file their respective I-485 applications for adjustment of status. As a result, the Murthy Law Firm is receiving questions pertaining to use of......
28 June 2021Answer No, that is not correct. There are two major issues surrounding the EB5 program right now, but they are not directly related to one another. First, there is the looming deadline of the regional center program expiring on June 30, 2021. The regional center......
24 June 2021Answer The USCIS does not generally provide any insight on whether it plans on allowing for the use of the dates for filing chart (i.e., Chart B) for purposes of applying for adjustment of status. We generally do not know whether Chart B can be......
24 June 2021Answer If the I-693 was signed by the civil surgeon after the I-485 was filed, it normally remains valid up to 2 years from the date the I-693 was signed. (24.Jun.2021) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information......
24 June 2021A federal judge in California has struck down the 2019 regulation that made numerous changes to the EB5 immigrant investor visa program, most notably a sizable increase in the minimum investment requirement. Under the 2019 rule, the minimum investment increased to $1.8 million for standard......
23 June 2021Recent immigration litigation trends, including how litigation strategies are changing with the Biden Administration, are the topics discussed by Murthy Law Firm attorneys in this podcast recorded 02 June 2021. The MP3 is available here and in the archive of our teleconferences and podcasts on......
18 June 2021Answer If the PERM labor certification is at the service center where the I-140 is being filed, it appears the USCIS will honor the premium processing request. However, there have been reports of cases being rejected when a premium processing request was included. As a......
17 June 2021Answer The EB5 program is permanent, so it will not expire. However, the regional center portion of the EB5 program is “temporary,” so it periodically must be renewed. Presently, if no action is taken, the program will expire at the end of June. However, there......
17 June 2021Today, the U.S. Department of State (DOS) released the July 2021 Visa Bulletin. All cutoff dates listed refer to the dates in the final action chart (i.e., Chart A), unless otherwise specified. The U.S. Citizenship and Immigration Services (USCIS) has not yet indicated whether stakeholders......
16 June 2021During a U.S. Department of State open forum, Mr. Charles Oppenheim, the Chief of the Immigrant Visa Control Unit, provided a couple of updated predictions for the July 2021 Visa Bulletin. Mr. Oppenheim expects that the cutoff date for EB3 India will move ahead to......
11 June 2021Answer I-485 processing times generally are based on the local field office processing your case. Current processing times can be found on the USCIS website. Your priority date must be current at the time of adjudication in order for the I-485 to be approved. But......
10 June 2021Answer Technically speaking, to qualify for AC21 portability when the I-140 is still pending, the I-140 must be “approvable when filed.” Assuming all the standard AC21 requirements are met (e.g., porting to the same or similar job), this may be an option, but it is......
10 June 2021Answer Withdrawing the pending I-485 at this point is probably not the best option. It may be possible to interfile, or one could potentially file a second I-485 and have both cases pending. Eventually, the USCIS will ask the applicant to choose one of the......
10 June 2021Answer No, there generally is no requirement that the beneficiary be in the U.S. at the time the I-140 is filed. (03.Jun.2021) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more......
03 June 2021The U.S. Department of Homeland Security (DHS) issued a request for public input in April 2021, regarding “…how U.S. Citizenship and Immigration Services (USCIS) can reduce administrative and other barriers and burdens within its regulations and policies, including those that prevent foreign citizens from easily......
02 June 2021It can take years for a foreign national to be granted status as a lawful permanent resident (i.e., “green card” holder) through one of the employment-based categories. This is especially true for applicants born in one of the heavily oversubscribed countries, notably India and China.......
31 May 2021Answer Ordinarily, there is no set time limit for filing an I-485 application after one’s priority date has become current. (27.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......
27 May 2021Today, the U.S. Department of State (DOS) released the June 2021 Visa Bulletin. All cutoff dates listed refer to the dates in the final action chart (i.e., Chart A), unless otherwise specified. The U.S. Citizenship and Immigration Services (USCIS) has not indicated yet whether stakeholders......
19 May 2021With the ongoing pandemic, there have been severe backlogs in immigrant visa processing at U.S. embassies and consulates worldwide. The operation capacity at each post varies based on local conditions and safety precautions. The overwhelming majority of posts still have limited capacity to process immigrant......
19 May 2021Answer Ordinarily, an I-485 application cannot be filed unless the applicant is physically in the United States at the time of filing. (13.May.2021) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access......
13 May 2021Answer 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......
13 May 2021Answer This seems very unlikely. There was a lawsuit filed that was asking a court to reverse the regulatory change that increased the investment requirement. However, there is little reason to believe this lawsuit will be successful. (13.May.2021) Sheela Murthy and other senior attorneys provide......
13 May 2021Charles Oppenheim, the Chief of the Immigrant Visa Control Unit of the U.S. Department of State (DOS) spoke this evening (Wednesday, May 12, 2021) at the annual year-end Washington D.C. Chapter meeting of the American Immigration Lawyers Association (AILA). As many of you may know,......
12 May 2021Updates on immigration policy and procedures in the first few months of the new Biden Administration, including H1B and green card processing, are discussed by Murthy Law Firm attorneys in this podcast recorded 05.May.2021. The MP3 is available here, and is listed in the archive......
10 May 2021Answer It is true that the family-based category is severely backlogged. But, if your brother is married, your mother would have to wait until she is a citizen to sponsor him. Even if he does not marry, the general recommendation would be to sponsor the......
06 May 2021Answer 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......
06 May 2021President 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......
05 May 2021Answer In order to file an N-400 application, the applicant typically must be at least 18 years old. However, depending on the circumstances, a minor may automatically acquire U.S. citizenship based on the naturalization of a parent. (29.Apr.2021) Sheela Murthy and other senior attorneys provide......
28 April 2021The U.S. Department of State (DOS) recently held its monthly YouTube program with Charlie Oppenheim, Chief of the Visa Control and Reporting Division. During the program, Mr. Oppenheim discussed his predictions for the June 2021 Visa Bulletin, as well as predications for the remainder of......
28 April 2021Answer Having a payment plan for back-taxes would not automatically prevent a form N-400 from being approved. Depending upon the circumstances, however, failure to report income or pay taxes may result in the USCIS finding that the applicant lacks the good moral character needed for......
22 April 2021The U.S. Department of State (DOS) has released the May 2021 Visa Bulletin. All cutoff dates listed refer to the dates in the final action chart (i.e., Chart A), unless otherwise specified. The U.S. Citizenship and Immigration Services (USCIS) has not yet indicated whether stakeholders......
20 April 2021In Part 1 of this article, MurthyDotCom readers were provided with a step-by-step explanation of the months-long timeframe required for preparing PERM labor certification (LC) cases prior to filing. This continuation of that article explains the steps the U.S. Department of Labor (DOL) takes and......
19 April 2021Most MurthyDotCom readers know that the PERM labor certification (LC) is the first in a three-step process in the majority of employment-based, permanent resident (commonly referred to as “green card”) cases. Our readers may be less familiar, however, with the steps that must be taken,......
12 April 2021Foreign nationals requesting admission to the United States and indeed, even U.S. citizens, may face additional scrutiny at the United States border. This includes the physical border itself or the functional equivalent of the border such as an international airport, port of entry, or border......
08 April 2021Answer Technically speaking, there is no rule that prohibits a foreign national with an approved immediate relative I-130 petition from requesting admission in B-2 status. However, CBP has the discretion to deny admission based on immigrant intent. And, unless the individual can provide a compelling......
08 April 2021Answer Getting married to a person with a green card would have no direct impact on one’s F-1 status. However, if applying for certain immigration benefits, such as an F-1 visa at a consulate, it is possible this could create problems related to immigrant intent.......
01 April 2021Answer Per the USCIS policy manual, “any document containing foreign language submitted to USCIS shall be accompanied by a full English language translation which the translator has certified as complete and accurate, and by the translator’s certification that he or she is competent to translate......
01 April 2021Once again, the U.S. Citizenship and Immigration Services (USCIS) has extended the response time flexibility, initially announced on March 30, 2020 due to the COVID-19 pandemic. This flexibility applies to applicants and petitioners responding to any of the following, issued from March 1, 2020 through......
25 March 2021Answer A child would not be added to a pending I-485. However, if the priority date is current and the child is in the U.S., it typically would be possible to file an I-485 for the child. (25.Mar.2021) Sheela Murthy and other senior attorneys provide......
25 March 2021The U.S. Department of State (DOS) has launched a new monthly program on YouTube, to allow Charlie Oppenheim, Chief of the Visa Control and Reporting Division, to provide insight and predictions related to the visa bulletin. This month, Mr. Oppenheim provides some updated predictions for......
22 March 2021The U.S. Department of State (DOS) has released the April 2021 Visa Bulletin. All cutoff dates listed refer to the dates in the final action chart (i.e., Chart A), unless otherwise specified. Visa Bulletin Summary Employment-Based, First Preference (EB1) Category The EB1 category is current......
12 March 2021Effective immediately, the U.S. Citizenship and Immigration Services (USCIS) is permanently ending enforcement of the public charge rule finalized by the Trump Administration in August 2019. This stems from successful legal challenges to the final rule, and the Biden Administration’s decision to cease the federal......
11 March 2021Answer The 180 days for job portability are generally counted from the received date. (11.Mar.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......
11 March 2021In the wake of the rush of I-485 filings in October 2020, reports began to surface of the U.S. Citizenship and Immigration Services (USCIS) rejecting many applications filed by derivatives. Specifically, the USCIS rejected these applications for leaving boxes 3.a. and 9 blank in Part......
10 March 2021On February 18, 2021, the U.S. Citizenship Act of 2021 (USCA) was introduced in both houses of Congress. This bill, which is modeled after a proposal laid out by President Joe Biden, would fundamentally transform the U.S. immigration system. However, this bill has a long......
26 February 2021The U.S. Department of State (DOS) has released the March 2021 Visa Bulletin. All cutoff dates listed refer to the dates in the final action chart (i.e., Chart A), unless otherwise specified. Visa Bulletin Summary Employment-Based, First Preference (EB1) Category The cutoff dates for EB1......
23 February 2021Each year, the U.S. Department of Health and Human Services (HHS) is responsible for setting federal poverty guidelines, which are used to determine whether an individual or family qualifies for certain government benefits. These guidelines are important in the immigration context, particularly with respect to......
15 February 2021Tomorrow, the U.S. Department of Homeland Security (DHS) will publish a rule in the Federal Register that will serve to delay implementation of the January 8, 2021 final rule that had been slated to significantly alter the H1B registration system. Under the now-delayed rule, which......
04 February 2021Today, President Joe Biden will sign three immigration-related executive orders (EOs). These EOs largely serve to undo various immigration policies and practices implemented by the Trump Administration. The first two EOs focus on the previous administration’s efforts related to undocumented immigrants and asylum seekers, while......
02 February 2021President Biden is expected to sign an executive order (EO) on Tuesday, February 2, 2021 to modernize the U.S. immigration system. No further details on the forthcoming executive order have been provided. The President had been scheduled to sign this EO today, but delayed it......
29 January 2021The U.S. Citizenship and Immigration Services (USCIS) is again extending the response time flexibility, initially announced on March 30, 2020 due to the COVID-19 pandemic. This flexibility applies to applicants and petitioners responding to any of the following, issued from March 1, 2020 through March......
28 January 2021The U.S. Department of State (DOS) has released the February 2021 Visa Bulletin. The visa bulletin also includes a number of predictions for the coming months. All cutoff dates listed refer to the dates in the final action chart (i.e., Chart A), unless otherwise specified.......
22 January 2021Answer 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......
21 January 2021Answer 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......
21 January 2021Joseph R. Biden, Jr. was sworn in today as the 46th president of the United States, and he has already begun the process of undoing Trump’s immigration policies. To start with, by the end of the day, President Biden will have signed several executive orders......
20 January 2021The U.S. Department of Labor (DOL) has republished the rule that dramatically increases the salary requirements for H1B and PERM labor filings. The DOL initially published this regulation as an interim final rule (IFR), which was in effect from October 8, 2020, until it was......
19 January 2021The U.S. Citizenship and Immigration Services (USCIS) announced today that all in-person services will be suspended on January 19th and 20th in order to “ensure the safety of … employees and individuals with appointments.” The USCIS will send new appointment notices to stakeholders who had......
15 January 2021Answer 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,......
14 January 2021Answer 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.......
14 January 2021In some cases, it is possible to challenge a denial decision made by the U.S. Citizenship and Immigration Services (USCIS) on an application or petition for an immigration benefit. This challenge is made either through the filing of a motion to reopen or reconsider (motion,......
13 January 2021The remaining immigration policies of President Trump and the Biden Administration’s anticipated immigration plans are the topic discussed by Murthy Law Firm attorneys in the first podcast of 2021, recorded January 6th. The MP3 is available here and in the archive of our teleconferences and......
13 January 2021The U.S. Department of Labor (DOL) announced today that, on Thursday, January 14, 2021, it will be republishing the rule that dramatically increases the salary requirements for H1B and PERM labor cases. It will be published as a final rule, and, barring intervention by a......
12 January 2021Answer Yes, once an I-140 has been approved, the beneficiary typically gets to retain the priority date. (07.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 FAQs here. Copyright......
07 January 2021The U.S. Department of State (DOS), which is responsible for all U.S. embassies and consulates, has provided an updated summary on its plan for the phased resumption of routine visa service across the globe. While this provides the general plan on how it will go......
06 January 2021The COVID-19 pandemic has greatly exacerbated delays and backlogs at the U.S. Citizenship and Immigration Services (USCIS). These delays have been especially pronounced with regard to the scheduling of biometrics appointments at application support centers (ASCs) and in the issuance of receipt notices. Update on......
31 December 2020Answer If the I-485 application was properly rejected, one typically would not be able to refile the I-485 until the priority date is again current. (30.Dec.2020) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services,......
30 December 2020In recent years, each time an annual budget or continuing resolution has been passed into law, it has also been used to extend certain immigration programs that were scheduled to expire. The omnibus spending bill signed into law on December 27, 2020, which funds the......
29 December 2020Answer Unfortunately, yes! Everyone thought the shutdown was averted after representatives from the White House negotiated a compromise deal with Congress for a spending bill, which included a stimulus package. However, after Congress passed the omnibus spending bill, Trump announced that he was not happy......
24 December 2020Answer The bill appears to be dead. Congress could have included it within the omnibus spending bill it sent to the president earlier this week, but failed to do so. For this to become law, it likely will have to be taken up again by......
24 December 2020The U.S. Department of State (DOS) has released the January 2021 Visa Bulletin. Unfortunately, there is very little movement from the December 2020 Visa Bulletin. All cutoff dates listed refer to the dates in the final action chart (i.e., “Chart A”), unless otherwise specified. There......
23 December 2020The U.S. Citizenship and Immigration Services (USCIS) has again extended the response time flexibility, initially announced on March 30, 2020 due to the COVID-19 pandemic. This flexibility applies to applicants and petitioners responding to any of the following, issued from March 1, 2020 through January......
22 December 2020Over the weekend, Congress passed two stop-gap measures to keep the federal government funded through this evening. More importantly, a final bill is expected to be signed into law later today that will keep the government funded for months to come. Copyright © 2020,......
21 December 2020Congress must pass a spending bill to extend government operations before 12:01 a.m. on Saturday, December 19, 2020, or else a temporary shutdown of the federal government will go into effect. This would be the fourth shutdown of the Trump Administration. Annual Budget Process and......
18 December 2020The U.S. Citizenship and Immigration Services (USCIS) issued a statement this week, acknowledging delays in issuing receipt notices for cases filed at USCIS lockbox facilities. The USCIS attributes these delays to a significant increase in recent filings, along with a reduced processing capacity caused by......
17 December 2020President Trump has issued an executive order to close all executive departments and agencies, which includes the U.S. Citizenship and Immigration Services (USCIS), on December 24, 2020. These offices will also be closed on December 25, which is Christmas day, a federal holiday. Copyright......
16 December 2020Answer The employer does not necessarily have to completely reapply. Rather, any employer that wishes the DOL’s Office of Foreign Labor Certification (OFLC) to review a prevailing wage determination issued based on October 8th regulation may do so by submitting a request for review before......
10 December 2020Answer No, ordinarily, a person is counted against their country of birth (or the country of birth of their spouse.) Country of citizenship normally does not impact this determination. (10.Dec.2020). Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on......
10 December 2020Legalization or decriminalization of marijuana or other narcotics at the state level can mislead noncitizens into thinking using such drugs in accordance with state law is legal. Marijuana, hallucinogenic mushrooms, and many other drugs are controlled substance under federal law. Therefore, the use, sale, purchase,......
10 December 2020Answer No, there is a U.S. civics/history test when applying for U.S. citizenship. But, there is no such test when applying for a green card. (03.Dec.2020). Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services,......
03 December 2020Answer It is very hard to say whether the Fairness for High Skilled Immigrants Act has a reasonable chance of being passed in the near future. The House and the Senate each passed different versions of the bill, and they do not have a lot......
03 December 2020Last night, the U.S. Senate passed the Fairness for High Skilled Immigrants Act, which would eliminate the per-country cap on employment-based green cards, and increase the per-country limit for family-based categories. The Senate version is an amended version of the bill previously passed by the......
03 December 2020Today, a federal district court held that the U.S. Department of Homeland Security (DHS) and the U.S. Department of Labor (DOL) violated the Administrative Procedures Act in issuing regulations that failed to go through the normal rulemaking process. The DOL rule was published on October......
01 December 2020Answer There have been widespread reports of delays with receipts being issued for I-140s and I-485s filed at USCIS lockboxes. If your filing fee check has been cashed, this is a good indication that the USCIS is processing your case. And, if you get the......
25 November 2020Answer Ordinarily, if you are travelling on H1B (i.e., will be returning with a valid H1B petition and H1B visa “stamp,”) this will not impact the pending I-485 or the pending EAD application. However, the AP application will normally be denied if you travel before......
25 November 2020The U.S. Citizenship and Immigration Services (USCIS) has announced that several changes are being implemented to the U.S. civics and history test that naturalization applicants generally must pass prior to being allowed to become U.S. citizens. Applicants will be asked twice as many questions as......
19 November 2020The proposed new H1B Regulations regarding specialty occupation, employer-employee relationship, and increased vetting of employers who employ H1B workers are discussed in this podcast, recorded following the 2020 election in November. Murthy Law Firm attorneys also discuss the Interim Final Rule on higher Department of......
17 November 2020Answer Yes, ordinarily, having an H-4 EAD would not prevent a person from being able to also apply for an EAD based on a pending I-485. (12.Nov.2020) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online......
12 November 2020Answer No, this service is not yet available. This has to go through the formal rulemaking process, so it may take months (or possibly even longer) before it is implemented. The same holds true for the other categories that should eventually be granted premium processing,......
12 November 2020In 2019, a defense appropriation bill was signed into law that contained a provision offering a path for certain qualifying Liberians to become lawful permanent residents. The deadline for Liberians to apply for relief under this Liberian Refugee Immigration Fairness (LRIF) provision is December 20,......
11 November 2020This morning, Joseph R. Biden, Jr. secured enough electoral votes to win the 2020 presidential election. While President Trump is disputing the results, his claims of election fraud appear to be without merit, and have little chance of overturning the election. President-Elect Biden is expected......
07 November 2020Answer When filing an I-485, the Supplement J is generally included to show that the original job offer still remains. After the I-485 has been pending for 180 days, it typically is possible to port to a different position (whether it is with the initial......
05 November 2020Answer No, the EAD will almost certainly be issued first. I-485 applications can easily take a year or more to process; and, if your final action date is not current, the wait time might be years. Once you get your green card, you no longer......
05 November 2020Answer There is no minimum age requirement to apply for an EAD based on a pending I-485. Even if the applicant is not eligible to work based on state and/or federal labor laws, this would not prevent the applicant from being issued an EAD. (05.Nov.2020)......
05 November 2020Today, a federal circuit court ruled in favor of the U.S. Department of Homeland Security (DHS), staying the lower court’s ruling from Monday, November 2nd that had blocked enforcement of the August 2019 public charge rule. This means that the DHS may immediately resume enforcement......
04 November 2020Read the update on this ruling here. Today, a federal district court held that the U.S. Department of Homeland Security (DHS) exceeded its authority in issuing the August 2019 public charge rule. The judge ordered the DHS to immediately cease enforcement of the rule, including......
02 November 2020Foreign nationals who have filed adjustment of status applications (I-485s) can generally apply for employment authorization documents (EADs). However, many of these foreign nationals are already working in the U.S. pursuant to valid nonimmigrant status, such as H1B. Attorneys at the Murthy Law Firm frequently......
02 November 2020Answer From what we have seen in recent months, I-485 receipt notices have taken anywhere from 2-to-6 weeks to be issued. (29.Oct.2020) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more......
29 October 2020Answer We are not sure why there was not more movement in the November 2020 Visa Bulletin. Our best guess is that the U.S. Citizenship and Immigration Services (USCIS) has been receiving a flood of I-485 filings over the past several weeks, and the U.S.......
29 October 2020The U.S. Department of State (DOS) has finally released the November 2020 Visa Bulletin. There is some movement in the final action (FA) chart, but the dates for filing (DF) chart remains nearly completely unchanged. Visa Bulletin Summary Employment-Based, First Preference (EB1) Category The EB1......
29 October 2020The American Immigration Lawyers Association (AILA) reports that the November 2020 Visa Bulletin is still awaiting clearance at the U.S. Department of State (DOS). Per AILA, the delay is the result of some sort of dispute regarding language in the visa bulletin, but that the......
27 October 2020Answer If you are currently in H1B status and are traveling based on a valid H1B visa “stamp” in your passport, you do not need to wait for your advance parole document. (22.Oct.2020) Sheela Murthy and other senior attorneys provide guidance that clarifies the law.......
22 October 2020Answer Currently, the standard filing fee for most I-485 applications, including biometrics, is $1,225 (or $750 for derivatives under 14.) This fee covers the cost of filing for one’s employment authorization document (EAD) and advance parole (AP) until such time that the I-485 is adjudicated.......
22 October 2020Answer The report of medical examination and vaccination record (form I-693) is not required with the initial I-485 filing. It can be submitted following the issuance of an RFE or during the I-485 interview. Further, even if it is included with the initial filing, if......
22 October 2020In Part 1 of this two-part NewsBrief, MurthyDotCom readers were provided with an explanation of the procedure known as interfiling, also known as transfer of basis. Continuing from where Part 1 left off, we now address how such requests can be made, as well as some of......
16 October 2020The U.S. Citizenship and Immigration Services (USCIS) announced today that, effective October 19, 2020, the filing fee for premium processing is increasing to $2,500. The only exception to this is for I-129 petitions being filed requesting H2B or R-1 status, the fee is increasing to......
16 October 2020Answer UPDATE: The American Immigration Lawyers Association (AILA) reports that some members have successfully made premium processing requests with I-140 downgrade petitions. However, many others have reported that their premium processing requests were rejected, and some even had their entire petitions rejected because of the......
15 October 2020Answer There are two main issues to consider when trying to estimate how long it may take to obtain your green card after the I-485 has been filed. First, you need to look at I-485 processing times at your local field office. This can be......
15 October 2020Answer For our clients who are on H1B, we normally recommend that they remain on H1B until the green card is issued, if possible. The main reason for this is as a simple precaution in case the I-485 is denied. (i.e., If an I-485 applicant......
15 October 2020The October 2020 Visa Bulletin, future predictions for the Visa Bulletin, and documentation required to file an I-485 application are the topics of discussion for this podcast, recorded 07.Oct.2020. Employer specific issues such as I-140 EB2 to EB3 downgrade cases and future employment also are......
12 October 2020The U.S. Department of State (DOS) has issued instructions for entry into the fiscal year (FY) 2022 diversity visa (DV) lottery, more commonly known as the “green card” lottery. The FY22 diversity lottery will grant up to 55,000 immigrant visas to qualified applicants. Registration for......
12 October 2020Today, Thursday, October 8, 2020, the U.S. Department of Labor (DOL) published an interim final rule, entitled “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States,” that changes how prevailing wages are calculated. This applies to foreign national......
08 October 2020Answer Unfortunately, filing an I-485 based on the dates for filing chart is not sufficient to prevent a child from aging out. That rule only applies when the I-485 is being filed based on the (less favorable) final action chart. To determine whether your child......
08 October 2020Answer There is no rule that specifically prohibits this. We have done this successfully in the past. But, depending on the circumstances, there may be risks in doing so. (08.Oct.2020) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on......
08 October 2020Answer The latest predictions are that the final action date for EB2 and EB3 India will continue to advance. But, it remains to be seen whether the USCIS will continue to allow for use of the dates for filing chart next month. (08.Oct.2020) Sheela Murthy......
08 October 2020From time to time, articles are written to guide MurthyDotCom readers in avoiding inadvertently running afoul of immigration laws. One common problem involves individuals present in the United States in lawful, nonimmigrant status who wish to earn extra money. These foreign nationals are often enticed......
06 October 2020Answer In general, no. One could file a new I-140 in EB3 using the same PERM labor certification. (26.Nov.2018) In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation,......
01 October 2020