News - Murthy Law Firm | U.S Immigration Law

Student
Resident

After completing my master’s degree, I applied for OPT. After working in OPT for a few days, I decided to go back and get a second master’s degree in a different field. Now that I am graduating, can I re-apply for OPT?
Answer 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 2022
DOS Update on U.S. Visa Services at Embassies and U.S. Consular Posts
On 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 2022
Can I start my own company while on OPT? Do I have to get paid?
Answer 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 2022
I am in H-4 status and have an I-485 pending. Am I allowed to apply for a change of status to F-1?
Answer 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 2022
Travel After Change-of-Status Approval with Future Start Date
In 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 2022
If I get a U.S. master’s degree while in H-4 status, would that make me eligible for next year’s H1B master’s cap, or do I have to be in F-1 status to qualify?
Answer 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 2022
USCIS Extends Flexibilities Related to the COVID-19 Pandemic
The 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 2022
Change in Method of Scheduling 221(g) Appointments in India
The 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 2022
I am in F-1 status and moving from a bachelor’s program to a master’s program. Do I need to file an F-1 extension or amendment?
Answer 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 2022
I was in H-4 status based on my father’s H1B. I have been studying in university and, shortly before I turned 21, I filed an application to change to F-1 status. That application is still pending, and it appears I may graduate before my F-1 is approved. Can I transfer to a master’s program based on the pending F-1 change of status application?
Answer 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 2022
Nonimmigrant Visa Waivers – Process and Criteria
Foreign 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 2022
I graduated with a STEM degree. Am I allowed to work as an unpaid intern during my initial 12-months of OPT?
Answer 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 2022
My H1B was not selected in the lottery, so I am going to continue working for my employer on STEM OPT. Is it possible for the company to initiate the PERM process for me now, or do I first need to get into H1B status?
Answer 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 2022
Notifying USCIS of Change in Address
Most 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 2022
Can a person on STEM OPT work for more than one employer at the same time?
Answer 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 2022
SEVP Extends March 2020 Guidance for 2022-23 Academic Year
The 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 2022
Differences Between: Lawful Status, Period of Authorized Stay, & Unlawful Presence
Regular 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 2022
NewsFlash! USCIS Announces Plans for Expansion of Premium Processing and Additional Initiatives to Reduce Adjudication Delays
Today, 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 2022
I have a friend in Ukraine who recently fled to a neighboring country. Are there any special visa options she may have to come stay with me for a time in the U.S.?
Answer 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 2022
Preliminary Settlement Provides Relief to Former UNNJ Students
A 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 2022
Biden Administration Actions to Attract and Retain STEM Workers
The 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 2022
I completed a U.S. masters while on H-4. Can I qualify for the master’s cap, or do I have to be in F-1 to qualify?
Answer 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 2022
Online I-539 Filings Issued Biometrics Solely via USCIS Online Account
The 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 2022
I am on STEM OPT and had to go to India for a family emergency. Can I work in my STEM OPT position from India?
Answer 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 2022
MurthyAudio: Biden Administration Trends and Travel Updates
Current 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 2022
I am on STEM OPT, and my registration was selected. The end-client is allowing contractors and employees to work from home until the pandemic is over. Since there is no certainty as to when I will be returning to the office location, how do we list this on the H1B itinerary?
Answer 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 2021
DOS Waiving Interview Requirement for More Nonimmigrant Visa Applicants
The 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 2021
FAQs on Air Travel to U.S. and Vaccination Requirements
As 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 2021
My registration was selected in the third lottery. However, I am now working for a different company on OPT, and I do not wish to go back to my old employer. Can I stay on OPT? Will this have any negative impact on me if I apply for the lottery again next year with my current employer?
Answer 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 2021
Presidential Proclamation Lifts Travel Bans and Imposes Vaccination Requirement
Effective 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 2021
CIS Ombudsman Provides USCIS Contact Center Tip Sheet
The 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 2021
I am in H-4 status and am enrolled in a master’s program. Do I need to change to F-1 status in order to be eligible for the master’s cap after I graduate?
Answer 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 2021
I am on F-1 OPT. My H1B was recently approved for consular notification, with no I-94 attached. Is it possible to get my H1B visa stamping done without leaving the U.S.?
Answer 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 2021
DHS Traveler Redress Inquiry Program for Screening Problems
The 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 2021
The U.S. Consulate in Chennai issued me an F-1 visa last week, but it does not contain an annotation verifying that I have an NIE. Do I need to go back to the consulate to get this corrected?
Answer 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 2021
I was in the U.S. working pursuant to STEM OPT. Two weeks ago, I needed to return to India for a family emergency. I have a valid F-1 visa, and now wish to return to the U.S. Do I need to first apply for an NIE?
Answer 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 2021
USCIS Expands Flexibilities for Certain F-1 Students Affected by OPT Delays
The 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 2021
New Process to Reschedule Biometrics Appointments
The 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 2021
NewsFlash! USCIS Eliminates B-2 ‘Bridge’ Requirement for F-1 Applicants
Today, 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 2021
Overview of COVID-19 Travel Restrictions and National Interest Exceptions
Due 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 2021
TPS Designation for Burma (Myanmar), Additional Benefits for Burmese F-1 Students
The 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 2021
USCIS Restores Deference Policy to Certain Prior Decisions
The 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 2021
If I travel from India to Mexico and stay there for two weeks, can I then enter the U.S.? Or would the travel ban still apply to me?
Answer 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 2021
Exemptions and Exceptions to Proclamation Suspending Travel from India to Curb COVID-19
President 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 2021
Is it possible that the U.S. will be implementing new travel restrictions for people coming from India?
Answer 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 2021
Options if Not Selected in the H1B Lottery
For 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 2021
I was not selected in this H1B lottery, so I am applying for a STEM OPT extension. If there is a second round of H1B selections this year, will my STEM OPT application impact the H1B?
Answer 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 2021
MurthyAudio: Visas and Travel in the Current Climate
Current 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 2021
Updated Status of Visa Services at U.S. Consular Posts
With 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 2021
Search of Electronic Devices at the U.S. Border
Foreign 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 2021
I am on F-1 and will soon be marrying a person who has a green card. Once I get married, will that impact my F-1 status?
Answer 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 2021
H1B “Master’s Cap” Pitfalls: Cautionary Reminder
With 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 2021
I am on OPT and am employed by an accredited, nonprofit university. The university is going to sponsor me for an H1B position. Do they need to follow the H1B cap timelines?
Answer 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 2021
USCIS Offers Relief to Certain F-1 OPT Applicants
The 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 2021
Students: Types of Employment Authorization
If 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 2021
Biden to Sign Immigration Executive Order Tuesday
President 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 2021
MurthyAudio: Transition to the New Biden Administration
The 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 2021
Local Conditions Determine When U.S. Consulates Will Reopen
The 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 2021
Receipt Notice Delays for Cases Filed at USCIS Lockboxes
The 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 2020
I have about 18 months of STEM OPT remaining, but my H1B change of status was recently approved. Is it possible to get back into F-1 status to use the rest of my STEM OPT?
Answer 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 2020
Serious Immigration Consequences for Drug Use Despite State Law Changes
Legalization 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 2020
NewsFlash! Joe Biden Elected 46th President of the United States
This 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 2020
ICE Arrests F-1 OPT Students and Threatens to Revoke / Deny Many More OPTs
On 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 2020
Overview of Coming Changes to Premium Processing
On 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 2020
NewsFlash! Major Changes Being Made to Premium Processing Service
This 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 2020
NewsFlash! USCIS Proposes Eliminating D/S on I-94s for F, J, and I Visa Categories
Today, 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 2020
SEVP to Send Notices to F-1 Students on OPT Who Fail to List Employer in SEVIS
The 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 2020
NewsFlash! Drop Box Service in India Resumes for Qualifying F, M, J, H, and L Applicants
U.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 2020
USCIS “Reminds” Universities and F-1 Students to Update Employer Information
The 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 2020
NewsFlash! Consulates in India Open for F and J Applicants, Limited Appointments Slots Available
Effective 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 2020
USCIS Filing Fees to Increase by 20% on Average
Today, 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 2020
NewsFlash! First Year F-1 Students Still Prohibited From Entering the U.S. to Take All Online Courses
The 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 2020
NewsFlash! Some Consulates Demanding I-20s Showing In-Person Classes, Despite Reversal of Executive Order
As 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 2020
My H1B cap case was filed for consular processing, and it was approved last week. My F-1 OPT expires next month. Is there a way to move to H1B status without having to leave the U.S.?
Answer 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 2020
NewsFlash! ICE Reverses Course, Will Allow Students to Take All Classes Online
This 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 2020
NewsFlash! Consulates May Begin Phased Resumption of Visa Services, Effective July 15th
The 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 2020
NewsFlash! Judge to Decide on July 15th Whether to Block Rule Requiring F-1 Students to Attend In-Person Classes
As 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 2020
NewsFlash! Harvard and MIT Sue ICE to Block Rule Requiring F-1 Students Attend In-Person Classes
Harvard 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 2020
SEVP to End Temporary Rule that Allowed F-1 and M-1 Students to Take All Classes Online
The 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 2020
New Rules for F-1 and M-1 Students Taking Online Classes
On 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 2020
Immigration Planning Often Must Come First
The 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 2020
NewsFlash! Trump Amends Proclamation to Increase Number of Nonimmigrants Subject to Executive Order
Last 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 2020
Is it true that President Trump is about to issue an executive order to stop all H1B filings?
Answer 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 2020
NewsFlash! Executive Order Will Bar Entry of Certain Students and Researchers from China
This 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 2020
Are there any updates on President Trump issuing an executive order to restrict H1B workers? Will it impact my H1B cap case?
Answer 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 2020
I read that the USCIS is going to resume in-person biometrics appointments soon. Does that mean the consulates are also being opened for visa appointments?
Answer 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 2020
NewsFlash! USCIS Plans to Resume In-Person Services on 04.Jun.2020
The 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 2020
Understanding the Department of State Reciprocity Schedule
While 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 2020
I am on STEM-OPT, and my current employer has furloughed me. I found another employer located abroad that is willing to hire me. Would that be permitted?
Answer 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 2020
MurthyAudio: Immigration, Options, Presidential Proclamation and Covid-19
Sheela 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 2020
Murthy Shares AILA Flyer on President’s Proclamation
The 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 2020
NewsFlash! Government Report Confirms Many Nonimmigrants Eligible for Stimulus Payment
The 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 2020
NewsFlash! AILA Sues DHS, Demands Extension of All Deadlines
The 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 2020
USCIS to Reuse Previously Submitted Biometrics for Form I-765
The 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 2020
SEVP Provides Flexibility to Schools in Light of COVID-19 Epidemic
The 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 2020
IT Consulting Firms Victorious in H1B Lawsuit Against USCIS
The 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 2020
NewsFlash! USCIS Temporarily Accepting Forms with Photocopied Signatures
The 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 2020
Murthy Attorneys Offer Special Teleconference on U.S. Immigration Impacts of COVID-19
Attorneys 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 2020
Most U.S. Consulates Suspend Routine Visa Service
Due 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 2020
NewsFlash! USCIS Closing Offices to Public Until at Least 01.Apr.20
Last 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 2020
NewsFlash! All Visa Appointments at U.S. Consulates in India Canceled
The 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 2020
If I get health insurance through Obamacare, will I be considered a public charge?
Answer 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 2020
NewsFlash! Public Charge Rule Implemented Nationwide, Effective Immediately
The 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 2020
Visa Interview Waiver Program: “Can I Use the Drop Box Option?”
In 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 2020
Travel Restrictions Imposed to Prevent Spread of Coronavirus to U.S.
President 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 2020
MurthyAudio: CPT/OPT & Transition to H1B
In 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 2020
Federal Judge Issues Permanent Injunction Against Enforcement of Unlawful Presence Memo for F, J, and M Nonimmigrants
Today, 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 2020
USCIS to Implement Public Charge Rule on 24.Feb.2020
On 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 2020
I am on OPT, and my current employer is going to submit an H1B registration for me in March. If I travel outside the U.S. while the registration is pending, will that be an issue?
Answer 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 2020
SEVP Aims to Curb Use of Recruiters by Prospective F-1 Students
The 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 2020
I am finishing a J-1 program and am subject to the home residency requirement. Prior to beginning the J-1, I lived in India. Once I am done with the program, however, I will be moving to live in Australia. If I live in Australia for two years, will that satisfy the home residency requirement?
Answer 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 2019
USCIS Proposal for Substantial Fee Increase and Imposition of New Filing Fees
As 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 2019
DOS Visa Office Guidance on DS-160 Process
Representatives 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 2019
My STEM OPT was approved through July 2021. My H1B was selected in this year’s lottery, but it was just denied. Can I keep working based on my STEM OPT?
Answer 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 2019
New Guidance Clarifies Student & College Obligations in Documenting OPT-Employment Relationship
A 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 2019
I had about 20 months left of STEM OPT time remaining, when my H1B change of status was approved. Is it possible to go back to my STEM OPT, use the remaining time, and then return to H1B status?
Answer 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 2019
DOS Rule on Determining Visa Ineligibility Based on Public Charge Grounds
On 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 2019
NewsFlash! DOS Delays Implementation of Public Charge Rule
The 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 2019
NewsFlash! Judge Issues Nationwide Injunction Against Enforcement of Public Charge Rule
This 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 2019
NewsFlash! DOS Amending Public Charge Rules, Effective 15 Oct 2019
On 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 2019
I recently completed my master’s degree, and have been on OPT for two months. Due to a family emergency, I need to go back to my home country for at least six months. If I return in F-1 status and complete a second master’s degree, can I then use my remaining OPT time, and then apply for a STEM OPT extension?
Answer 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 2019
If an H1B Change of Status is Not Wanted After Approval
Changing 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 2019
MurthyAudio: Hiring Issues for F-1/H1B Workers
Issues 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 2019
Potential OPT Cap-Gap Problems After H1B is Denied, Withdrawn, or Revoked
Recent 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 2019
I am currently in F-2 status, and am applying for a change to F-1 status. If the change-of-status application is denied, will my F-2 status be revoked?
Answer 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 2019
Fee Increase Implemented for F, M, and J Applicants
The 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 2019
I am currently in F-1 status, and we just received an RFE on my H1B petition, which was selected in this year’s lottery. Can I convert my pending H1B case to consular processing?
Answer 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 2019
MurthyAudio: H1B RFEs and Issues
The 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 2019
I am working for a non E-Verify company on my valid STEM OPT. Am I out of status? What are my options now?
Answer 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 2019
DS-160 and DS-260 Now Require Social Media Information
The 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 2019
USCIS Implements Stricter Expedite Request Criteria
On 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 2019
Am I allowed to work for a non E-Verify participating company on STEM OPT?
Answer 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 2019
How long can an individual participating in Optional Practical Training (initial and STEM) be unemployed without immigration consequences?
Answer 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 2019
Tips on Completing Form I-983 Training Plan for STEM OPT Students
When 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 2019
Serious Immigration Consequences for Marijuana, Despite State Law Changes
Legalization 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......
07 May 2019
NewsFlash! Federal Judge Temporarily Blocks Enforcement of Unlawful Presence Memo for F, J, and M Nonimmigrants
Today, 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 2019
If I graduate from an online master’s program, will I be eligible to apply under the H1B master’s cap next year?
Answer 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 2019
I-94 Numbers to Become Alphanumeric from May 2019 Onwards
Beginning 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 2019
I am in H1B status and am in the process of applying for a green card. If a doctor gives me a prescription for medical marijuana, will that impact my green card case?
Answer 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 2019
Dependent Children Should Apply for Change of Status to F-1 Well Before “Aging Out”
Many 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 2019
I filed an application to change status from H-4 to F-1. Can I file a change of status to H1B while the other application is still pending?
Answer 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 2019
Cap-Gap Extensions of F-1 Status and OPT
The 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 2019
CPT at Same Educational Level Poses Risk after One Year of CPT or OPT
Under 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 2019
MurthyAudio: CPT/OPT & Transition to H1B
While 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 2019
USCIS Will Only Accept Revised Version of Form I-539, as of 22 Mar 2019
The 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 2019
FAQs for Students of the University of Farmington
1) 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 2019
NewsFlash! F-1 Student Alert for Students at University of Farmington, MI
The 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 2019
When I was last admitted to the United States in nonimmigrant status, I was issued an I-94 validity that exceeded the validity of the visa foil in my passport. Am I authorized to stay and work in the United States pursuant to my I-94 validity or am I limited by the validity dates listed in my visa foil?
Answer 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 2019
Online Fee Calculator Added to USCIS Website
A 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 2019
Factors for F-1 Students to Consider in Selecting a College or University
Since 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 2019
What is the deadline for filing a STEM OPT extension?
Answer 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 2019
Importance of Accurate & Consistent Birth Documents in Immigration Filings
The 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 2018
I am in H-4 status, and am about to graduate with a master’s degree from an online university that is public and accredited. Can I qualify to file an H1B under the master’s cap?
Answer 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 2018
The “Bridging” Dilemma in Applications for Change to F-1 Student Status
Anna 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 2018
Beware: Serious Immigration Consequences of Shoplifting
For 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......
21 November 2018
What is the minimum number of hours and/or credit required to maintain F-1 status?
Answer 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 2018
Fall 2018 Rulemaking Agenda Foreshadows Troubling Immigration Regulations
The 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 2018
Proposed Regulation Would Expand Definition of “Public Charge”
The 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 2018
I have a long first name. I received my STEM OPT EAD, but the last two letters of my first name are cut off. Can I start working?
Answer 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 2018
Incomplete Indian Marriage Ceremony Can Result in Permanent Bar to Enter U.S.
In 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 2018
Proposed Rule to Expand Definition of “Public Charge” to Be Published on Wednesday
The 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 2018
NewsFlash! NTA Memo Goes Partially into Effect Monday, Oct 1st
This 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 2018
USCIS Holding Teleconference on NTA Memo on Thursday; Details on Implementation Coming Soon
The 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 2018
Is it possible for someone on an F-1 OPT visa to open their own business and work for themselves if that business is in their field of study?
Answer 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 2018
What is the processing time for motions to reopen (MTRs)?
Answer 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 2018
NewsFlash! Trump Administration to Expand Definition of “Public Charge”
The 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 2018
USCIS Data Shows General Increase in Processing Times
The 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 2018
Can I enroll in university while working in an H1B position?
Answer 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 2018
USCIS Provides Guidance on RFE/NOID Memo, Policy Goes into Effect 11.Sep.2018
On 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 2018
I am on STEM OPT. Is it safe to travel to India this December?
Answer 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 2018
MurthyAudio: Analyzing Latest Regulations and Policies, Part 1
The 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 2018
Federal Court Decision Limits Impact of Maryland Theft Conviction on Immigration Status
The 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 2018
I am in H-4 status and am enrolled in university. How can I transfer to F-1 status?
Answer 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 2018
Can an F-1 student invest in a U.S. business?
Answer 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 2018
NewsFlash! USCIS Clarifies That Offsite STEM OPT Employment is Permitted
This 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 2018
My employer wants to sponsor me for EB3 and file my H1B petition before I file for my STEM OPT extension. Will this impact the OPT extension application?
Answer 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 2018
NewsFlash! USCIS Issues Final Version of Unlawful Presence Memo for F, J, and M Nonimmigrants
The 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 2018
Unlawful Presence Memo for F, J, and M Nonimmigrants Presumably Now in Effect
In 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 2018
Proposed Fee Increase for F, M, and J Applicants
The 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 2018
Prudential Revocation of Visas Following Arrest for Broad Range of Crimes
As 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 2018
NewsFlash! USCIS Delays Implementation of NTA Memo
This 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 2018
USCIS Memo on Denying Cases Without RFE / NOID
On 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 2018
How safe is it for an aged out child who is on F-1 to move to OPT?
Answer 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 2018
F-1 Students: Be Prepared While Traveling on OPT
It 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 2018
USCIS Notice to Appear (NTA) Memo Could Result in Harsh Consequences
On 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 2018
I am in H1B status and have an approved I-140. Is it possible to now change to F-1 status?
Answer 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 2018
NewsFlash! New Memo Makes it Easier for USCIS to Deny Cases Without First Issuing RFE or NOID
This 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
I graduated with a master’s degree in F-1 status and worked on optional practical training (OPT) for a year. When my OPT was about to end, I transferred to another master’s program …
… 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 2018
NewsFlash! USCIS to Place Far More Foreign Nationals in Removal Proceeding, Per New Memo
Thursday 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 2018
SEVP Broadcast Message on OPT Volunteer Work
The 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 2018
Can I transfer my F-1 to a new university while my H1B is in process?
Answer 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
I have been working on STEM OPT and my employer filed an H1B petition for me on April 1st for the October 1st start date. My STEM OPT will end on June 20th, …
… 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 2018
USCIS Reminder: OPT Terminates upon Transfer to New School or Change in Education Level
The 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 2018
I am currently working on a CPT, but I heard that the USCIS released a memo saying that students should not work on CPT. Is this true?
Answer 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 2018
Is Day 1 CPT a good option? If so, is traveling outside the U.S. while attending such a school a problem?
Answer 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 2018
Analysis of USCIS Memo on Unlawful Presence for F, J, and M Nonimmigrants
On 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 2018
Do I need to be in F-1 status for a full year to be eligible for OPT, or can I study for a portion of that time in H-4 status?
Answer 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 2018
NewsFlash! F, J, and M Nonimmigrants to be Subject to New Unlawful Presence Rules
The 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 2018
Updated Rulemaking Agenda Again Lays Out Trump’s Harsh Plans for Foreign Nationals
At 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 2018
DOS Proposal to Obtain Visa Applicants’ Social Media Information
The 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 2018
USCIS Changes Position on Third-Party Placement of STEM OPT Workers
The 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 2018
I’m in H1B status right now, but want to move to F-1 status to get a master’s degree. When I’m done with that program, can I then return to H1B status?
Answer 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 2018
The F-1 visa in my passport is expiring soon. Can I still apply to transfer to a different F-1 program in the fall?
Answer 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 2018
My application to change status from H1B to F-2 is currently pending. Can a new employer file an H1B for me while the COS is still pending?
Answer 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 2018
NewsFlash! ACICS Regains Recognition as Accrediting Agency
On 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 finished a graduate program of study and worked on OPT for a year in F-1 status. My employer filed an H1B petition for me, but unfortunately, it was denied. …
… 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 2018
SEVP Portal for Certain F-1 and M-1 Students
On 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 2018
I’m on STEM OPT and would like to move to a new employer. This employer, however, is not willing to sign my I-983. Is there any possible alternative for this?
Answer 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 2018
USCIS Expands New Policy for Nonimmigrants Changing Status to F-1
The 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 2018
MurthyAudio: CPT/OPT & Transition to H1B
While 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
I’ve been attending a university as a full-time student in H-4 status as a dependent of my father on H1B. I have one semester left before the end of my program of study. …
… 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 2018
Overview: M-1 Visas for Foreign Students Engaging in Nonacademic or Vocational Studies
The 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 2018
Can I travel on F-1 during cap gap OPT?
Answer 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 2018
USCIS Now Accepting Payments Via Credit Card for Most Fee-Based Forms
The 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 2018
MurthyAudio: H1B Cap-Subject Petitions – Practical Tips for Approvals
While 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
My application for optional practical training (OPT) has just been denied. I would like to file a motion to reopen and/or reconsider the denial. …
… 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
I am a graduate student in F-1 status. I have been working 20 hours per week as a teaching assistant since the start of the current term. In addition to working on campus, I would like to get authorization …
… 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 2018
I am working for a 501(c)(3) nonprofit on OPT. Can they sponsor me for H1B as a cap-exempt employer?
Answer 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 have just learned that my application for a 24-month STEM OPT extension was denied because I filed it after the expiration of my first year OPT, which was too late. …
… 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 2018
If F-1 OPT is used following the completion of an MS in computer science, can I get OPT again after completing an MBA?
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 an MS, so one would not qualify after then completing an MBA (i.e. master of business administration). A new period......
22 January 2018
Can I change from H1B to F-1, even though I have an approved I-140?
Answer 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
I was working on OPT when my employer filed an H1B petition for me. Unfortunately, the petition was denied and I transferred my SEVIS record to another program of study…
… 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
I have completed the first year of a two-year graduate program of study, which I attended in F-1 student status. Unfortunately, I received two failing grades at the end of my second term …
… 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 2018
My OPT expires in June 2019, and I am being sponsored for an H1B cap case this year. I need to travel to India at the end of April for a couple of weeks. Will that impact my H1B?
Answer 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
I timely applied for post-completion optional practical training (OPT) for students in F-1 status. …
… 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
I have a bachelor’s degree in biochemistry from China and I applied to a master’s program at a university in the U.S. I was admitted into the program and the school issued me an I-20 to apply for an F-1 visa. …
… 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 2017
I have been working in H1B for 3 years, but am now changing to F-1 status to get a degree in a completely different field. After graduating, would I then need to go through the lottery again to return to H1B?
Answer 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
I was working as an F-1 student on cap-gap OPT based on a pending H1B petition filed by my employer. My cap-gap employment authorization ended Sep 30th, but my H1B petition was still pending. …
… 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
I initially planned on finishing up my master’s degree within two years, which was also reflected on my initial I-20 form issued to me by my school to apply for an F-1 visa. …
… 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 2017
NewsFlash! U.S. Consulates in Turkey Resume Processing of Nonimmigrant Visas
Effective 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 2017
Can my employer sponsor me for a green card while I am on OPT? Or, do I need to first obtain H1B status before the green card process can be started?
Answer 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
I was working on cap-gap OPT until September 30th, based on a pending H1B petition filed by my employer. I stopped working as of October 1st, when my cap gap ended. …
… 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 2017
I had time left on my OPT, but changed to H1B status earlier this month. Is there any way to revert back to use the remaining OPT time?
Answer 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 2017
Can a person work on STEM OPT for his own business, and perform work that is not related to his field of study?
Answer 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 2017
I was not selected in the H1B lottery, but my STEM OPT is valid for another year. Can my employer start my green card case, even though I am not on H1B?
Answer 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 2017
Can one stay in the U.S. beyond the STEM OPT grace period based on a pending I-485?
Answer 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 2017
Attorneys Banned from Secondary Inspection at Ports of Entry
Multiple 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
I have recently submitted an application for a 24-month extension of my optional practical training (OPT), based on my STEM degree. Prior to filing my STEM OPT application, my current employer and I completed an I-983 form and provided it to my DSO. …
… 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 2017
Large Reduction in Processing of U.S. Nonimmigrant Visas in Russia
As 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 2017
Temporary Relief for Immigrants Impacted by Hurricane Harvey
The 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 2017
My STEM OPT expires on September 30. Do I get a grace period beyond that date? Would that grace period be indicated on my I-94?
Answer 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 2017
DOS Provides ‘Hire American’ and F-1 Guidance to Consular Officers
The 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 2017
I am on OPT and my F-1 visa has expired. If I travel outside the U.S. will I need to get a new F-1 visa to reenter?
Answer 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 initial first-year optional practical training (OPT) will end in three months. Because I have a designated STEM degree, I can apply for the 24-month STEM OPT extension. …
… 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 2017
I have just graduated with a bachelor’s degree in political science in F-1 status. I would like to continue my education and get a master’s degree in my field. Do I need to obtain a new I-20 for this study?
Answer 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
My application for change of status from B-2 to F-1 was just denied because of the gap in status of more than 30 days between the date my B-2 status expired and the start of the program of study. …
… 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 2017
I am on OPT cap gap. My H1B petition was selected in the lottery, but an RFE was issued. If the case is still pending beyond September 30th, can I continue to work?
Answer 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 2017
I am on OPT and my H1B petition was selected in the lottery. However, the project my H1B was filed for is about to end. If an RFE is issued, do I have any options? Can I move to a different project?
Answer 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 2017
I am a U.S. citizen and a full-time student. Can I sponsor my spouse who is on OPT?
Answer 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 2017
Nonimmigrants Must Overcome Presumption of Immigrant Intent
Under 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......
29 June 2017
I am in H1B status. Can I file two change-of-status applications at the same time – one for H-4 status, and the other for F-1?
Attorney 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 2017
DHS Releases Entry / Exit Report for FY 2016
Every 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 2017
Can a one-year, online master’s program be used to qualify for the H1B master’s cap? Can the degree be used to qualify for an EB2 position?
Answer 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
Can you please explain whether an academic degree obtained from a university that was accredited at the time the degree was awarded, but later lost its accreditation, …
… 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 2017
University Must be Accredited When Degree Awarded for Master’s Cap
The 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 2017
If I have a valid visa, can I still be prevented from entering the U.S. at the airport?
Answer 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 2017
My visa application was denied at the consulate. Can an attorney from the U.S. represent a client at a consulate in India?
Answer 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
I’ve been working on the initial optional practical training (OPT) in F-1 status. I’m applying for the 24-month STEM OPT extension with my employer. We are now in the process of filling out the I-983 form, which I need to give to my DSO so that she can recommend the STEM extension and give me a new I-20 to send to the USCIS together with my application. …
… 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 2017
USCIS Releases Guidance Related to ACICS Loss of Accreditation
The 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
I’m an F-1 student on OPT. Several months ago, I was arrested for DUI, and my case has now been completed. I heard that DUI arrests can result in a revocation …
… 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
I am in F-1 status and I have been working on initial OPT that is about to expire. My employer filed a cap-subject H1B petition in the first week of April and the USCIS issued a receipt notice for it. …
… 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 2017
Does volunteer work count for purposes of maintaining OPT status?
Answer 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 2017
My STEM OPT application has just been denied. I would like to file a motion to reopen and/or reconsider the denial. I also would like to transfer to another program, just in case the motion is not successful, since I am still in valid F-1 status based on the 60-day grace period. Is there any issue with my plan?
Answer 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
I am currently working in F-1 status on STEM OPT that will expire in late May. My employer filed my H1B petition for the start date of October 1st with a request for change of status to H1B for me. …
… 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 2017
Revised USCIS Policy Related to Changes from B-1/B-2 to F-1 Status
In 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
I applied for a 24-month STEM OPT extension several months ago. While my application was pending, my 12-month initial OPT ended and I was working based on the pending STEM OPT extension. …
… 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 came to the U.S. as a visitor in B-2 status to visit a friend and to do some sightseeing together. A couple of months into my visit, I decided to get a graduate degree from a U.S. school. …
… 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 2017
Can someone maintain both F-1 and H1B status?
Answer 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
I have been working on OPT following my graduation with a master’s degree from a private, nonprofit U.S. university. …
… 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 initial first-year optional practical training (OPT) authorization ended over two months ago, and I am currently working based on a pending STEM OPT application. …
… 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 2017
Travel Ban Dealt Another Blow By Federal Court
Late 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’m currently working pursuant to OPT authorization in F-1 status that will remain valid for another year. My current employer will be filing my H1B petition for the October 1st start date. …
… 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 2017
DOS Guidance to Consular Officers after Trump Order Signals Heightened Scrutiny of Visa Applicants
Earlier 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
My OPT expires in mid-May, and my employer is filing an H1B petition for me on April 3rd, requesting a start date of October 1st. …
… 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 2017
Requirement to Carry Immigration Documents
U.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 2017
NewsFlash! Trump to Sign New Travel Ban Executive Order Today
Updated 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
I have been working on OPT and recently applied for a 24-month extension based on my STEM degree, which is now pending. …
… 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 2017
DHS Continuing to Expand Social Media Scrutiny of Foreign Travelers
The 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 2017
I’m in F-1 student status working on first-year OPT. In the first week of April, my employer will be filing a cap-subject H1B petition for the start date of October 1st.
My 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 2017
New Trump Administration Brief Indicates Travel Ban Will Be Rescinded and Replaced by New Executive Order
The 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 2017
NewsFlash! Trump to Issue New Executive Order Related to Travel Ban Next Week
Today, 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
I am in F-1 student status working on OPT. I recently got married to a U.S. citizen. We are about to file all the required paperwork to get my green card. …
… 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 2017
Is It Safe for Me to Travel?
Over 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 2017
Is it true that the dropbox option at the U.S. Consulate in Chennai is still available?
Answer 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 2017
USCIS Confirms it is Adjudicating Applications & Petitions for Travel Ban Nationals
The 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 2017
Federal Judge Temporarily Blocks Travel Ban
Late 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
I graduated from college with a bachelor’s degree as a student in F-1 status. Prior to graduation, I applied for optional practical training (OPT) and received a job offer in another state. …
… 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 2017
Murthy Law Firm: Keeping the Immigrant Community Informed
These 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 2017
DOS: No Plans to Add More Countries to Travel Ban List
The 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 2017
CBP Releases Updated Info and FAQs on Travel Ban
This afternoon, U.S. Customs and Border Protection (CBP) posted to its website updated information on President Trump’s January 27, 2017 executive order, entitled Protecting the Nation from Foreign Terrorist Entry into the United States. This executive order instituted a temporary travel ban on nationals from......
31 January 2017
Possible Executive Order Targeting Employment-Based Immigration
President Trump has already signed several immigration-related executive orders, and it appears that more are on the way. One leaked proposed order, entitled “Executive Order on Protecting American Jobs and Workers by Strengthening the Integrity of Foreign Worker Visa Programs” includes a number of provisions......
31 January 2017
MurthyChat Transcript from Jan 30, 2017: The President’s Executive Order
Are Indian immigrants being stopped and verified at domestic airports in USA? Can we travel around the USA? Answer Domestic travel would not involve inspection at a CBP border checkpoint, so should not be an issue. — I am a GC holder and currently on......
31 January 2017
Will the F-1 OPT be impacted?
Answer This is unclear. There have been rumors of potential changes to the STEM OPT program. However, STEM OPT is a formal regulation, and would require action by Congress, or a (lengthy) formal rulemaking process. (30.Jan.2017) In frequent sessions of our Chat, Sheela Murthy and......
30 January 2017
STEM OPT Eligibility Unlikely Following School’s Loss of Accreditation
An F-1 student who is approved for optional practical training (OPT) and has a qualifying degree in a STEM (science, technology, engineering, or math) field, from an accredited university typically is eligible to apply for a 24-month STEM OPT extension following completion of the initial......
30 January 2017
I initially entered the U.S. in B-2 status as a visitor. I recently filed an application to change status (form I-539) to F-1 student for a program of study starting next month. …
… My B-2 expires in a few days. I know I should not start my program of study until the USCIS approves my request for change of status to F-1. If the USCIS does not approve my F-1 status by the start of my program......
27 January 2017
SEVP Quarterly Report on International Students in the U.S.
Each quarter, the Student Exchange Visitor Program (SEVP) releases a report that provides key data from the Student and Exchange Visitor Information System (SEVIS) on the makeup of international students who choose to study in the United States. A look at these quarterly reports can......
11 January 2017
I am on OPT and will be filing for H1B this year. If the case is approved, will I need to go for stamping? If not, can my dependent still go for stamping, since she is outside the U.S.?
Answer In general, a visa “stamp” is only required for purposes of reentering the U.S. after foreign travel. Otherwise, one can change status within the U.S. One’s dependent typically should be able to receive an H-4 “stamp” in this scenario. (09.Jan.2017) In frequent sessions of......
09 January 2017
My application for the 24-month STEM OPT was denied last week, and my EAD for the initial 12-month OPT expired today. Am I eligible for transfer to a new program of study?
Answer If USCIS did not make a finding of an F-1 status violation when your STEM OPT application was denied, you should still be eligible for the 60-day grace period after the expiration of your initial OPT employment authorization. You should complete the transfer of......
06 January 2017
DOE Response to MLF Attorneys on Validity of Degree Issued Prior to University’s Loss of Accreditation
The U.S. Citizenship and Immigration Services (USCIS) generally will only recognize a U.S. degree that is issued by an accredited institution. Moreover, the accreditation must be granted by an accrediting agency recognized by the U.S. Department of Education (DOE). How is a degree viewed, however,......
29 December 2016
Spending Bill Includes Extension of Several Immigration Programs
On Saturday, December 10, 2016, President Obama signed into law a continuing resolution designed to fund the federal government through April 28, 2017. Included in the spending bill were various immigration provisions, including an extension of the employment-based, fifth preference (EB5) regional center program, the......
19 December 2016

Teleconference: Impact of Visa Bulletin Movement
The 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. Employers and their representatives are invited to participate in the teleconference scheduled for October......
05 October 2022
My H1B is valid for a couple of more months, and I have an EAD based on my pending I-485. Do I have to maintain H1B status until the green card is issued?
Answer 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 2022
I have a PERM case pending that is under audit. Can an employer file another PERM case for me now, or do we have to wait for the audit to be completed?
Answer 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
Self-Petitioned, Employment-Based Options
“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 2022
DHS Final Public Charge Rule Effective from 23.Dec.2022
The 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 2022
My EB2 I-485 was approved a few days ago. My wife’s I-485, which is also based on my I-140, is still pending. My priority date will no longer be current in October. What happens if her case is not approved before October 1st?
Answer 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 2022
USCIS Implement Phase III of Premium Processing Expansion for Certain I-140 Petitions
The 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 2022
MurthyAudio: Timing Issues – Green Card / H1B Extensions
The 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 2022
How Does Retrogression Impact My Pending I-485?
The 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 2022
October 2022 Visa Bulletin
This 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 2022
Update and Short-Term Predictions On Visa Bulletin Movement
A 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 2022
My U.S. citizen brother sponsored me for a green card about 10 years ago. That case is still a long way from becoming current. Can I transfer that priority date to my I-140, which was just approved?
Answer 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 2022
DHS Proposal to Consider Alternatives for I-9 Documentary Review
The 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 2022
DOS Update on U.S. Visa Services at Embassies and U.S. Consular Posts
On 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 2022
I am in H-4 status and have an I-485 pending. Am I allowed to apply for a change of status to F-1?
Answer 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 2022
USCIS Publishes Guides to Attract Foreign Nationals in STEM Fields
The 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 2022
Changing from Adjustment of Status to Consular Processing
For 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 2022
I have an approved I-140 from my previous employer. The priority date has been current for more than one year. My current employer is in the process of filing a PERM LC for me. Can I still keep the old priority date?
Answer 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 2022
Limitations on H1B Extensions Beyond the Standard Six-Year Limit
Generally, 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 2022
A few months ago, my husband and I were issued green cards based on his approved I-140. While our I-485 applications were pending, we separated. Our divorce is now close to being finalized. Will this put my green card in jeopardy?
Answer 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 2022
I am a U.S. citizen and wish to sponsor my sister for a green card. Her employer recently filed an I-140 on her behalf. Will my case impact her I-140?
Answer 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 2022
September 2022 Visa Bulletin
The 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 2022
MurthyAudio: Impact of Criminal Issues
The 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 2022
My I-485 is pending and I was issued an RFE for my updated medicals. Does this mean my green card is about to be approved?
Answer 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 2022
USCIS Extends Flexibilities Related to the COVID-19 Pandemic
The 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 2022
USCIS Continues Phasing in Premium Processing for Certain I-140 Petitions
The 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 2022
After my U.S. employer filed a PERM for me, I was transferred overseas on a temporary assignment. My PERM was recently approved. Can the I-140 be filed now, or do I have to be in the U.S. when the I-140 is filed?
Answer 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 2022
In 2016, my I-140 from Company A was approved. In 2019, I transferred that priority date to an approved I-140 filed by Company B. I then requested the priority date again be transferred to an I-140 filled by Company C. That I-140 is still pending. I now wish to move to Company D. Will I lose my priority date from Company A’s I-140 if I leave before Company C’s I-140 is approved?
Answer 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 2022
Nonimmigrants Hiring Foreign Domestic Attendants
The 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 2022
Potential Termination of Inactive Immigrant Visa Petitions
Under 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 2022
August 2022 Visa Bulletin
Today, 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 2022
My company filed an I-140 petition for me, which is still pending. I plan on getting married to a green card holder next month. After we are married, can my wife file an I-130 for me, or would I need to first withdraw the I-140?
Answer 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 2022
Effect of Travel While in H1B / L-1 Status and Pending I-485
There 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 2022
USCIS Answers FAQs on Pending I-485 Adjustment Applications
The 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 2022
I-485 Approval During International Travel
The 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 2022
I am working based on an H-4 EAD, and I have a pending I-485 based on my husband’s EB2 case. My husband’s I-485 was just approved. Can I continue working based on my H-4 EAD?
Answer 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 2022
My green card expires in a few months. I need to travel overseas for a few weeks, but will be back at least a couple of months before it expires. Is there any requirement that the green card be valid for at least six months when traveling?
Answer 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 2022
July 2022 Visa Bulletin
This 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 2022
I am a U.S. citizen. About 5 months ago, my mother entered in B-2 status to visit me and her grandchildren. At the last minute, we decided to apply for a green card for her. I filed the I-130 and I-485 for her, and those cases are still pending. Can my mother remain in the U.S. after her I-94s expire?
Answer 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 2022
During my I-485 interview, the officer issued me an RFE for a police report. I provided the document within a few days. How long does it take to process an I-485 application once an RFE is responded to?
Answer 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 2022
I have a friend who got a green card issued more quickly because he filed a second I-485 instead of interfiling his upgrade case. Is filing a second I-485 really a better option to get a green card more quickly?
Answer 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 2022
SB1 Visa Process Following Prolonged Absence for Green Card Holders
Lawful 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 2022
My wife and I filed I-485 applications based on her EB3 I-140. Can I now interfile my I-485 based on my EB2 I-140?
Answer 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 2022
My H1B was not selected in the lottery, so I am going to continue working for my employer on STEM OPT. Is it possible for the company to initiate the PERM process for me now, or do I first need to get into H1B status?
Answer 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 2022
Humanitarian Reinstatement Following Death of Petitioning Relative
In 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 2022
USCIS to Begin Phasing in Premium Processing for Certain I-140 Petitions
The 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 2022
Notifying USCIS of Change in Address
Most 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 2022
I am a U.S. citizen, and just turned 21. I would like to sponsor my parents for green cards; but as a full-time student my income is limited. Any options to still sponsor them?
Answer 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 2022
I filed my I-485 based on the dates for filing chart. Earlier this month, the USCIS approved my I-485 and issued me a green card. However, my priority date is not yet current on the final action chart. May I still keep the green card?
Answer 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 2022
Can I file my I-485 from India?
Answer 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 2022
June 2022 Visa Bulletin
This 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 2022
I am interested in applying for a green card through the EB5 program based on an investment in my own business. How do I determine if a location qualifies as a targeted employment area (TEA) based on its being an area of high unemployment?
Answer 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 2022
Interview Waivers for Certain Conditional Permanent Residents
The 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 2022
Differences Between: Lawful Status, Period of Authorized Stay, & Unlawful Presence
Regular 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 2022
May 2022 Visa Bulletin
The 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 2022
Overview of the Revisions Made to the EB5 Program
The 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 2022
NewsFlash! USCIS Announces Plans for Expansion of Premium Processing and Additional Initiatives to Reduce Adjudication Delays
Today, 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 2022
Green Card Possible After Status Violation: 245(k) Benefit
Given 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 2022
I am a U.S. citizen and I sponsored by brother for a green card a few years ago. He is applying for an H1B visa at the consulate. Do I need to withdraw the family-based case before he applies for the visa?
Answer 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 2022
I received my green card in the EB2 category last month. I wish to remain with my existing employer, but also to work a second job. Would that jeopardize my green card?
Answer 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 2022
USCIS Encourages Eligible Individuals to File I-485s in EB2 India Category in April 2022
Following 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 2022
April 2022 Visa Bulletin
The 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 2022
DHS Publishes Proposed Public Charge Rule
The 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 2022
Congress Expected to Reauthorize EB5 Regional Center Program
Congress 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 2022
MurthyAudio: Transfer EB Category and Job Portability
The 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 2022
USCIS Issuing EADs Separately from APs
The 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 2022
I was working for a company abroad as a manager for more than one year, and my employer then transferred me to the U.S. on H1B. Can they sponsor me for a green card through the EB1(c) multinational manager / executive category, or do I have to be moved to L1A status, first?
Answer 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 2022
DOS Provides Updated Visa Application Instructions for Ukrainian Applicants
The 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 2022
As a green card holder, can I sponsor my father for a green card?
Answer 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 2022
Is it true that it will soon be possible to get a green card based on obtaining a PhD? I have also heard that I may be able to get a new type of visa if I start a business in the U.S. Is that going to soon be an option?
Answer 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 2022
FAQs on Interfiling at the I-485 Adjustment of Status Stage
For 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 2022
March 2022 Visa Bulletin
The 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 2022
My I-140 is approved, and my priority date likely will be current soon. My employer offered me a special job that would have be working at an overseas office for a few years. If I accept this position, would I still be able to use the I-140 when I return to the U.S.? Is there a time limit for filing my I-485 after the priority date becomes current?
Answer 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 2022
My employer filed my PERM LC several months ago. They would not let me get involved in the process, and now I found out the case has been audited. Is that a sign that the employer made a mistake in the PERM filing?
Answer 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 2022
USCIS Provides Guidance on Submitting Interfiling Requests
The 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 2022
Extended Travel by a Permanent Resident (2 of 2)
This 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 2022
Until recently, MurthyDotCom was posting updated visa bulletin predictions each month. There have not been any such postings lately. Do you expect to provide these again in the near future?
Answer 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 2022
Extended Travel by a Permanent Resident (1 of 2)
The 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 2022
February 2022 Visa Bulletin
The 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 2022
Do I need the original I-140 approval notice for my spouse to apply for an H-4 EAD?
Answer 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 2022
MurthyAudio: Biden Administration Trends and Travel Updates
Current 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 2022
Do I have to be in the U.S. to file an I-485 supplement J?
Answer 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 2022
Waivers of In-Person Interviews for Certain Immigrant Visa Applicants
The 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 2022
I am a green card holder and was visiting family in India when the pandemic began. I remained in India for more than one year, and then was issued an SB1. I am now back in the U.S. Do I need to apply for a new green card?
Answer 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 2021
Lawsuit by Murthy Results in Green Card Approval After Significant Delay
The 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 2021
January 2022 Visa Bulletin
This 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 2021
I filed my son’s I-485 as my dependent before he had aged out. After we applied, however, the category retrogressed. Is it possible my child could now age out?
Answer 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 2021
After working in India as a manager for several years, I transferred to a subsidiary in the U.S. in L1A status. I have been in L1A status for four years. I spoke with my employer about sponsoring me for a green card through the EB1(c) category. They told me I do not qualify because I need to have worked as a manager abroad for at least one year in the past three years. Does this mean I need to go back to work in India for another year to qualify?
Answer 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 2021
MurthyAudio: PERM Trends and Best Practices
The 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 2021
Have there been any updates on the status of the EB5 program? Is it still possible to qualify for EB5 based on an investment of $500,000, or has the investment requirement changed?
Answer 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 2021
Facebook Settlement with DOJ and DOL Highlights Best Practices for Employers
Facebook 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 2021
December 2021 Visa Bulletin Check-In
For 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 2021
I am a U.S. citizen and I sponsored my mother for a green card. Due to backlogs, the earliest date I could get for her appointment at the consulate is about 6 months from now. In the meantime, can she visit me on her tourist visa?
Answer 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 2021
My I-140 is approved, but I am working overseas. How can I tell if my priority date is current? Do I use the dates for filing chart, or the final action chart?
Answer 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 2021
December 2021 Visa Bulletin
This 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 2021
I filed an EB3 downgrade case, and my I-485 is still pending. I read online that, if my EB2 case becomes current and my I-140 was filed as a new petition rather than as an amendment, the USCIS will automatically adjudicate my case as EB2. Is that correct?
Answer 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 2021
My I-485 was approved at the end of October. However, my wife’s I-485 is still pending, and the cutoff date has now retrogressed before my priority date. Can I sponsor her for a family-based green card? Do I have to wait a certain amount of time after getting my GC before I can sponsor someone?
Answer 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 2021
November 2021 Visa Bulletin Check-In
The 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 2021
In October 2020, I filed an I-140 EB2-to-EB3 downgrade case, along with my I-485 application. Now, it looks like the EB2 India cutoff date may advance past the EB3 cutoff date. If that happens, will the USCIS automatically adjudicate my case as an EB2 case?
Answer 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 2021
My I-485 application was filed in the EB3 India category and has been pending for more than 180 days. If I want to use AC21 to port to a similar position with a different employer, does my priority date still have to be current on the date I move to that employer?
Answer 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 2021
Do I Qualify for EB1?
It 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 2021
FY23 Diversity Lottery Registration Runs Through 09.Nov.2021
The 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 2021
November 2021 Visa Bulletin
This 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 2021
MurthyAudio: Impact of October 2021 Visa Bulletin Movement
The 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 2021
USCIS Published FAQs on Bona Fide Determination Process for Pending U Visa Petitioners
The 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 2021
I read that there is a plan to carry over thousands of unused green card numbers from the fiscal year that just ended. Any truth to this?
Answer 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 2021
USCIS Expands Credit Card Payment Pilot Program
The 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 2021
Is there any word on when the EB5 regional center program may be brought back?
Answer 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 2021
COVID-19 Vaccination Requirement for I-693 Medicals
Last 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 2021
I read online that the USCIS has not approved any EB2-to-EB3 downgrade cases filed since October 2020. Is this true?
Answer 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 2021
My I-485 application is pending. I received a voicemail message from someone claiming to be a USCIS officer. Per the message, I was asked to get my I-693 medicals done and deliver them to the local USCIS office. Is this a legitimate call, or some type of scam?
Answer 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 2021
October 2021 Visa Bulletin Check-In
The 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 2021
My son will turn 21 in November. However, my family and I will be eligible to file our I-485s in October based on the dates for filing chart. Will this protect my son from aging out?
Answer 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 2021
My I-140 was approved more than 180 days ago, and I then moved to a new employer. The company that filed my I-140 will soon be acquired by a larger entity. Will this acquisition prevent me from extending H1B status beyond 6 years?
Answer 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 2021
NewsFlash! Use “Dates for Filing Chart” for Oct 2021 Visa Bulletin
The 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
October 2021 Visa Bulletin
[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 2021
Several years ago, my U.S. citizen sister sponsored me for a green card. I now have an employer starting the PERM process for me. Do I need to withdraw the I-130 filed by my sister?
Answer 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 2021
Murthy Victory in D.C. Federal Court Results in Reversal of I-140 Denial
The 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 2021
Updated Form I-485 Allows Applicants to Request Social Security Card
The 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 2021
Predictions for October 2021 Visa Bulletin
The 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 2021
My cousin is a U.S. citizen. Can she sponsor me for a green card?
Answer 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 2021
USCIS Updates Policy on Children Born Using Assisted Reproductive Technology
The 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 2021
CDC Adds Covid-19 Vaccine to List of Required Immunizations
On 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 2021
Senate Confirms Ur Mendoza Jaddou as Director of USCIS
The 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 2021
I filed my I-485 and, after 180 days, I started looking for a new job. Shortly before I was made an offer by a new employer, my I-485 was approved. Can I still port to the new position?
Answer 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 2021
September 2021 Visa Bulletin
The 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 2021
NewsFlash! USCIS Temporarily Extends Validity Period of Form I-693 Medicals
This 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 2021
New Process to Reschedule Biometrics Appointments
The 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 2021
I read that there is a new process to obtain a Social Security Number (SSN) based on an I-485 application. I filed my I-485 a few weeks ago. Can I use that to get an SSN?
Answer 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 2021
Changing Employers After Receiving Employment-Based Green Card
In 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 2021
Overview of I-140 Downgrade from EB2 to EB3 Preference Category
Historically, 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 2021
I filed my H-4 and H-4 EAD extensions with my husband’s H1B extension. His extension was approved through 2024, but my applications are still pending. I recently traveled and was issued a new I-94 valid through 2024 when I returned. Can I update the USCIS with my new I-94? Will it speed up the processing of my EAD?
Answer 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 2021
Four Lessons on Instructions that Denials Carry
Foreign 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 2021
I am in the U.S. visiting my brother, who is a U.S. citizen. If my brother sponsors me for a green card, can I stay in the U.S.?
Answer 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 2021
Visa Processing by NVC and Consular Posts During COVID-19 Pandemic
With 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 2021
My daughter is a U.S. citizen who will turn 21 next year. She lives with me and her father in Singapore. Can she sponsor us for green cards when she turns 21, or does she have to move to the U.S. first?
Answer 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 2021
August 2021 Visa Bulletin Check-In
The 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 2021
USCIS Update Policy on Naturalization Eligibility Following Voter Registration
The 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 2021
I have a pending I-485 and a valid advance parole (AP) document. I need to travel to India. Am I subject to the COVID travel ban, or can I use the AP to return to the U.S.?
Answer 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 2021
I invested in a regional center and filed my EB5 case several years ago. It was approved a few months ago, so I filed my I-485 application, along with my EAD application. Will the USCIS continue to adjudicate my applications, even though the regional center program has expired?
Answer 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 2021
I have a pending I-485 based on my husband’s approved I-140. We are currently separated, and it will take many months before the divorce can be finalized. Will this impact my green card case?
Answer 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 2021
August 2021 Visa Bulletin
This 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 2021
Overview of COVID-19 Travel Restrictions and National Interest Exceptions
Due 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 2021
My family member filed an I-130 for me, which is still pending. Am I allowed to apply for a B-2 visa while this process is ongoing?
Answer 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 2021
Both of my brothers are U.S. citizens, and they are looking to build a new motel. If I invest $500,000 in this motel, and it creates 10 jobs, can I use that to apply for a green card through the EB5 program? Or, do we have to create more than 10 jobs, since there are multiple investors?
Answer 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 2021
July 2021 Visa Bulletin Check-In
The 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 2021
If I want to apply for a green card through the EB5 program, when do I have to make my investment?
Answer 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 2021
EB5 Regional Center Program to Expire, at Least Temporarily
The 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 2021
AC21 Frequently Asked Questions: June 2021 Update
Cutoff 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 2021
I read online that the deadline to file for EB5 at the $500,000 investment level is June 30, 2021. Is that correct?
Answer 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 2021
Is there any word on whether the USCIS will allow for the use of the dates for filing chart in the near future for employment-based cases?
Answer 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 2021
In October 2020, I was racing to file my I-485, so I submitted it without first getting a signed form I-693 report of medical examination. Right after I filed, I got the form signed. How long will it remain valid?
Answer 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 2021
NewsFlash! Court Nixes EB5 Rule, Reinstates Minimum Investment Requirement of $500,000
A 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 2021
MurthyAudio: Litigation Trends
Recent 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 2021
I am filing an I-140 downgrade case. Can my employer use premium processing?
Answer 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 2021
Is it true the EB5 program is going to expire at the end of this month?
Answer 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 2021
July 2021 Visa Bulletin
Today, 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 2021
NewsFlash! Updated Predictions for July 2021 Visa Bulletin
During 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 2021
My priority date is current on the final action chart. How long will it take the USCIS to adjudicate my I-485?
Answer 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 2021
I filed an I-140 downgrade case in October along with my I-485, and both are still pending. Can I use AC21 to port to a similar position with a different employer?
Answer 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 2021
I have a pending I-485 filed in the EB3 category. My wife’s I-140 was just approved in the EB1 category. Should I withdraw my I-485 and refile based on her EB1 case?
Answer 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 2021
I am currently stuck in India. My PERM was recently approved. Does my employer need to wait until I return to the U.S. to file the I-140 petition?
Answer 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 2021
Murthy Law Firm’s Comments on Barriers to USCIS Benefits and Services
The 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 2021
Tips for Documents to Prepare in Anticipation of Priority Date Becoming Current
It 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 2021
A few years ago, after my I-140 was approved, I moved back home to work for my employer’s affiliate in India. If my priority date becomes current, is there a time limit for me to return to the U.S. and file my I-485 application?
Answer 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 2021
June 2021 Visa Bulletin
Today, 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 2021
Immigrant Visa Prioritization at U.S. Consular Posts
With 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 2021
I am currently stuck in India and my priority date is current this month. Can I file my I-485 application from here?
Answer 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 2021
In order for me to qualify for an EB2 position with my current employer, I need to evidence my work experience with my previous employer, but my old employer will not give me an experience verification letter. Can I force them to give one to me?
Answer 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 2021
Is there any chance that the USCIS will reduce the EB5 investment requirement back to $500,000?
Answer 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 2021
EB2 India Expected to Move to Dec 1, 2010 in June 2021 Visa Bulletin
Charles 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 2021
MurthyAudio: Biden Administration Immigration Update
Updates 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 2021
I just became a U.S. citizen, and wish to sponsor my brother and mother for green cards. I understand the process for sponsoring siblings takes many, many years. Should I just sponsor my mother, and then, when she gets a green card, she can sponsor my brother?
Answer 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 2021
If I travel from India to Mexico and stay there for two weeks, can I then enter the U.S.? Or would the travel ban still apply to me?
Answer 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 2021
Exemptions and Exceptions to Proclamation Suspending Travel from India to Curb COVID-19
President 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 2021
My 14-year-old daughter and I are green card holders, and I would like to apply for U.S. citizenship for both of us. Do I have to file a separate application for her, or is she included on my application?
Answer 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 2021
May 2021 Visa Bulletin Check-In
The 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 2021
I owe the IRS back taxes and have set up a payment plan to pay everything I owe. Will this cause my application for naturalization to be denied?
Answer 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 2021
May 2021 Visa Bulletin
The 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 2021
PERM Labor Certification Process and Timing (Part 2 of 2)
In 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 2021
PERM Labor Certification Process and Timing (Part 1 of 2)
Most 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 2021
Search of Electronic Devices at the U.S. Border
Foreign 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 2021
I am a U.S. citizen, and I filed an I-130 for my mother. She would like to visit me on her B-2 visa for a few weeks. She has no desire to apply for adjustment of status, as she needs to go back to India to take care of some things before getting her green card. Is it ok for her to come on her B-2?
Answer 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 2021
I am on F-1 and will soon be marrying a person who has a green card. Once I get married, will that impact my F-1 status?
Answer 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 2021
I need to get an English translation of a document that I am submitting to the USCIS. Can anyone translate the document, or do I have to hire an official translation service?
Answer 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 2021
USCIS Further Extends Flexibility for Responding to Requests Until June 30, 2021
Once 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 2021
My I-485 is pending. I recently had a child born in India. Would it be possible to add her to my pending I-485?
Answer 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 2021
April 2021 Visa Bulletin Check-In
The 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 2021
April 2021 Visa Bulletin
The 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 2021
Trump’s Public Charge Rule Ended, I-944 Requirement Eliminated
Effective 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 2021
I understand that I am allowed to move to a similar position and port my I-485 if at least 180 days have passed. Is it 180 days from the “Notice Date” or the “Received Date”?
Answer 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 2021
USCIS to Allow Certain I-485 Derivative Applicants to Re-file Rejected Applications
In 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 2021
Congress Proposes Bill to Transform U.S. Immigration System
On 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 2021
March 2021 Visa Bulletin
The 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 2021
2021 Poverty Guideline: Impacts on Affidavits of Support
Each 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 2021
NewsFlash! USCIS Will Not Implement Wage-Based H1B Registration System Before Next Year
Tomorrow, 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 2021
Biden to Sign Three Immigration-Related Executive Orders Today
Today, 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 2021
Biden to Sign Immigration Executive Order Tuesday
President 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 2021
NewsFlash! USCIS Extends Flexibility for Responding to Requests Until March 31, 2021
The 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 2021
February 2021 Visa Bulletin and Short-Term Predictions
The 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 2021
I have been working in the U.S. legally for many years, and still have years to wait to get a green card. If I become an illegal alien, will that help me get a green card faster under President Biden?
Answer There is a widespread misconception that President Biden has proposed providing green cards to undocumented immigrants at the expense of those working legally in the United States. In reality, President Biden has proposed a single bill that would both provide a path for undocumented......
21 January 2021
Now that President Biden is in office, will premium processing be made available for H-4 EADs? Or will the regular processing times for H-4 EADs at least be improved?
Answer It is unclear if or when premium processing may be made available for H-4 EADs. It certainly is possible, but there is no word yet from the new administration. As for standard processing times, it is hard to imagine processing times could get much......
21 January 2021
President Biden Starts Implementing His Immigration Policies
Joseph 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 2021
Overview of DOL Rule that Hikes Prevailing Wages
The 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 2021
NewsFlash! USCIS Suspends In-Person Services Jan 19th & 20th
The 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 2021
Given the processing delays for I-485 filings, is it possible the Biden Administration will eliminate the interview requirement for employment-based cases?
Answer The interview requirement for all employment-based I-485 applications was implemented by the Trump Administration in 2017. Undoubtedly, that is one of the factors that has led to USCIS processing delays. It is possible the Biden Administration could reverse this requirement. However, as of yet,......
14 January 2021
I was working in H1B status but am now working for an affiliate in Canada. Can the U.S. company file a PERM case for me while I am outside the U.S.?
Answer Yes. Ordinarily, a company can file a PERM case for an individual regardless of whether the person is in the United States. (14.Jan.2021) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here.......
14 January 2021
Motions to Reopen / Reconsider and Appeal
In 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 2021
MurthyAudio: Transition to the New Biden Administration
The 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 2021
NewsFlash! Rule That Hikes Prevailing Wages to Be Republished on Thursday
The 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 2021
The I-140 filed by my current employer was recently approved. If I move to a new employer now, do I still get to keep my priority date?
Answer 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 2021
Local Conditions Determine When U.S. Consulates Will Reopen
The 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 2021
Update on COVID-Related Delays at USCIS
The 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 2020
I failed to include the correct filing fee when I filed my I-485 in October, so the USCIS rejected it. Now, my priority date is no longer current. Can I refile now with the correct fee?
Answer 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 2020
Spending Bill Also Extends Certain Immigration Programs
In 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 2020
I hear there is now the possibility of a government shutdown, starting next week. Is that true?
Answer 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 2020
Any update on the bill to remove the green card per-country cap?
Answer 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 2020
Little Movement in January 2021 Visa Bulletin
The 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 2020
USCIS Extends Flexibility for Responding to Requests Until Jan 31, 2021
The 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 2020
Government Shutdown Averted
Over 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 2020
Possible Government Shutdown After Midnight Tonight
Congress 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 2020
Receipt Notice Delays for Cases Filed at USCIS Lockboxes
The 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 2020
Executive Agencies, Including USCIS, Closed on December 24th and 25th
President 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 2020
A few weeks ago, my employer received the prevailing wage determination from the DOL with an incredibly high salary. My employer is not willing to pay this amount. Now that the DOL rule has been blocked by the courts, could we reapply to request a more reasonable salary?
Answer 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 2020
I was born in India, but now have Australian citizenship. Will this help me get a green card more quickly?
Answer 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 2020
Serious Immigration Consequences for Drug Use Despite State Law Changes
Legalization 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 2020
Is there a civics test when applying for a green card?
Answer 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 2020
How likely is it that the bill to end the per-country caps gets signed into law?
Answer 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 2020
NewsFlash! Bill to End Employment-Based Per-Country Cap Inches Closer to Becoming Law
Last 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 2020
NewsFlash! Federal Court Blocks Enforcement of New H1B Regulations
Today, 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 2020
I filed my I-485 in October, but I still do not have a receipt. Should I be worried?
Answer 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 2020
I am on H1B and I just filed my I-485, along with applications for EAD and AP. Am I allowed to travel now, or do I have to wait for my AP?
Answer 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 2020
USCIS Revising Naturalization Civics Test
The 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 2020
MurthyAudio: New H1B Regulations and New Prevailing Wages
The 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 2020
I have an H-4 EAD. Am I allowed to also apply for an EAD based on my pending I-485?
Answer 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 2020
Is premium processing now available for H-4 and H-4 EADs? If not, do we know when it will be made available?
Answer 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 2020
Reminder: Qualifying Liberians Have Until Dec. 20th to Apply for Green Cards
In 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 2020
NewsFlash! Joe Biden Elected 46th President of the United States
This 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 2020
My PERM and I-140 were filed many years ago for a Software Engineer position. I have recently been promoted to a managerial position, and am about to file my I-485. Can I list the new position on the Supplement J?
Answer 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 2020
I am about to file my I-485 and apply for an EAD. Will I get my green card at the same time as the EAD?
Answer 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 2020
I am filing I-485 applications for my family, including my 10-year-old. If we also apply for EADs, is she eligible for one, or is there a minimum age requirement?
Answer 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 2020
NewsFlash! Appellate Court Again Allows Enforcement of Public Charge Rule
Today, 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 2020
NewsFlash! Federal Judge Blocks Enforcement of Public Charge Rule
Read 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 2020
Using the EAD as an Option for Employment
Foreign 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 2020
I just filed my I-485 application. How long will it take for me to get my receipt notice?
Answer 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 2020
Why was there so little movement in the November visa bulletin? Is there any chance that the dates will move more in the coming months?
Answer 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 2020
November 2020 Visa Bulletin: No Movement in Dates for Filing Chart
The 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 2020
Still Waiting for November 2020 Visa Bulletin
The 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 2020
I am on H1B and am about to file my I-485. Do I have to wait for my advance parole document to be able to travel abroad?
Answer 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 2020
My attorney is filing my I-485 in October, and then will apply for my EAD and AP after the receipt notice is issued. If the proposed fee increase goes into effect after I file my I-485, will I have to pay the higher fee for my EAD and AP applications?
Answer 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 2020
Do I have to submit my medicals with my I-485? Or can I provide them later?
Answer 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 2020
Interfiling New Immigrant Petition into Pending I-485 Case (2 of 2)
In 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 2020
NewsFlash! Premium Processing Fees Increasing, Effective 19.Oct.2020
The 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 2020
Can I file my EB3 downgrade case using premium processing?
Answer 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 2020
I am filing an EB3 downgrade case next week. How long will it take to get my green card?
Answer 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 2020
I am filing an EB3 downgrade case. I read online that, if I use my I-485 EAD (as opposed to staying on H1B,) I will no longer be eligible to upgrade back to EB2. Is that true?
Answer 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 2020
MurthyAudio: Filing Rush I-485s / Employer’s Perspective
The 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 2020
FY22 Diversity Lottery Registration Runs Through 10.Nov.2020
The 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 2020
Overview of DOL Regulation Hiking Prevailing Wages
Today, 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 2020
I am filing my I-485 this month for me and my whole family based on the EB3 dates for filing chart. My daughter is almost 21 years old. Will this protect her from aging out?
Answer 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 2020
If I downgrade to EB3 now, can I later upgrade back to EB2?
Answer 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 2020
What are the chances the EB2 India priority date will advance further next month?
Answer 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 2020
Home-Based Businesses: Inadvertent Unauthorized Employment
From 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 2020
Do I need a new PERM to downgrade from EB2 to EB3 with the same employer?
Answer 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
I have an approved I-140 for a position as an engineer. I am now being sponsored by a different company for a managerial position. Will this cause me to lose the priority date from my old I-140?
Answer Retention of the priority date has nothing to do with the nature of the job. In general, one may retain the earliest priority date on any approved I-140, regardless of whether the job is similar or not. (31.Jul.2017) In frequent sessions of our Chat,......
01 October 2020
Is there is any risk in downgrading from EB2 to EB3 for an Indian hoping to get a green card more quickly?
Answer One potential risk to a company re-filing an approved EB2 petition as an EB3 petition is whether the petitioner will be able to show ability to pay from the priority date of the labor certification. (15.Apr.2019) In frequent sessions of our Chat, Sheela Murthy......
01 October 2020
Overview of Coming Changes to Premium Processing
On 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 2020
NewsFlash! Major Changes Being Made to Premium Processing Service
This 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 2020
Murthy Shares AILA Flyer on Understanding the Visa Bulletin
The American Immigration Lawyers Association (AILA) has created a shareable flyer to help stakeholders understand the monthly visa bulletin, and the implications of the sudden movement of cutoff dates in the October 2020 Visa Bulletin. The Murthy Law Firm is sharing this flyer with our......
30 September 2020
NewsFlash! Federal Court Blocks USCIS From Implementing Scheduled Fee Increase
Today, a federal district court issued a preliminary injunction, which blocks the U.S. Citizenship and Immigration Services (USCIS) from implementing a final rule that would have significantly increased most filing fees. This final rule was scheduled to go into effect on October 2, 2020. ......
29 September 2020
NewsFlash! USCIS Now Says to Use Dates for Filing Chart for Employment-Based Cases!
Moments ago, the U.S. Citizenship and Immigration Services (USCIS) reversed course and updated its announcement to allow for use of the more-favorable dates for filing chart in October! Copyright © 2020, MURTHY LAW FIRM. All Rights Reserved...
24 September 2020
NewsFlash! Must Use Final Action Chart for Employment-Based Cases in October
Shortly after this announcement the USCIS reversed itself. See the updated information here! —– Regrettably, the U.S. Citizenship and Immigration Services (USCIS) has announced that only the less-favorable final action dates in the October 2020 Visa Bulletin may be used for purposes of filing an......
24 September 2020
My PERM is approved, and my priority date is current in October, but my I-140 is still pending. Do I have to wait for the I-140 to be approved before I can file my I-485?
Answer No, there typically would be no need to wait. Under normal circumstances, if the priority date is current, it is possible to file an I-485 while the I-140 is still pending. (24.Sep.2020) Sheela Murthy and other senior attorneys provide guidance that clarifies the law.......
24 September 2020
My I-140 priority date is current, but I am not in the U.S. Can I still file my I-485? If so, do I file it at the consulate?
Answer Generally speaking, one must be in the United States in valid status to file an I-485. Otherwise, one typically would apply for an immigrant visa at a U.S. consulate. An I-485 is not used when applying for an immigrant visa at a consulate. Depending......
24 September 2020
Can I file my I-485 under the October 2020 Visa Bulletin based on the dates for filing chart?
Answer UPDATE 2: The USCIS has changed its announcement, and is now allowing for use of the more-favorable dates for filing chart for employment based cases! UPDATE: The USCIS has now announced that only the less-favorable final action chart my be used for employment-based cases......
24 September 2020
October 2020 Visa Bulletin
The U.S. Department of State (DOS) has finally released the October 2020 Visa Bulletin, which is the first visa bulletin of fiscal year 2021 (FY21). The visa bulletin also includes some encouraging predictions for coming months. All cutoff dates listed refer to the dates in......
24 September 2020
NewsFlash! USCIS Re-Implements Public Charge Rule for All I-485 Applications Filed Since Feb. 24, 2020
The U.S. Citizenship and Immigration Services (USCIS) announced today that, in light of the recent decision by a federal appeals court to lift the injunction on enforcement of the October 2, 2019 public charge rule, this public charge rule will be applied to all applications......
22 September 2020
Biden Campaign Promises Long-Awaited Immigration Relief
As part of his campaign for the White House, Joe Biden, the Democratic nominee, has detailed his vision for U.S. immigration policy, should he be elected president. On his campaign website, the former Vice President has posted a lengthy overview of his plan to reform......
21 September 2020
I have an I-485 pending and my employer just filed my H1B extension. If my I-485 is approved first, and then my H1B extension is approved, will that impact my green card?
Answer No, the approved H1B extension should not impact one’s green card. However, once the green card is issued, you should discuss the matter with your employer’s legal team, as it may make sense to then withdraw the pending H1B petition. (17.Sep.2020) Sheela Murthy......
17 September 2020
I am a U.S. citizen and wish to sponsor my brother for a green card. If he comes to the U.S. in H1B, will that speed up the process?
Answer Being in the U.S. in H1B would not normally impact the wait time or processing time. If the beneficiary is in the U.S. in H1B status when the priority date becomes current, it typically would be possible to apply for adjustment of status rather......
17 September 2020
Higher Fees, New Forms, and Slower Premium Processing Coming Oct. 2, 2020
A U.S. Citizenship and Immigration Services (USCIS) final rule scheduled to go into effect on October 2, 2020, will increase most filing fees and provide the USCIS with several additional days to adjudicate cases filed under the premium processing program. In addition, the USCIS is......
14 September 2020
NewsFlash! USCIS Extends Flexibility for Responding to Requests Until Jan 2021
The 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 January......
14 September 2020
NewsFlash! DOS Resumes Processing Diversity Visas
The U.S. Department of State (DOS) announced today that, in light of a federal court order issued on September 4, 2020, consulates may resume processing fiscal year 2020 diversity visa (DV) cases to the degree that “local health conditions and post resources allow.” However, consulates......
09 September 2020
My priority date is the same as the final action date in this month’s visa bulletin. Am I allowed to file an I-485 now?
Answer Generally speaking, a person’s priority date is not current unless it is at least one day earlier than the final action date. (03.Sep.2020) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here.......
03 September 2020
I am a physician and have two years left to qualify for a waiver to my J-1 home residency requirement. I will soon be marrying a U.S. citizen. Do I still need to get the waiver before I can get a green card through my spouse?
Answer Normally, in order to apply for a green card through a U.S. citizen spouse, one would still need to obtain the waiver to home residency requirement. (03.Sep.2020) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE......
03 September 2020
Requirement to Prove Ability to Pay in an I-140 Petition
In the typical employment-based permanent residence (commonly, “green card”) case, the second stage of the three-stage process is the employer’s Immigrant Petition for Alien Worker, filed on the I-140 form. One of the essential aspects of the I-140 is the requirement that the sponsoring employer......
31 August 2020
Immigration Benefits After Death of Qualifying Relative
204(l) of the Immigration and Nationality Act (INA) governs the eligibility for certain continued immigration benefits to surviving family members through a deceased qualifying relative. 204(l) applies to the principal and any derivative beneficiaries of a pending or approved family-based visa petition, any derivative beneficiaries......
27 August 2020
My husband’s H1B extension is pending, as is my H-4 extension. Do I have to wait for the H1B to be approved before applying for an H-4 EAD?
Answer Assuming you meet all the other requirements for an H-4 EAD, it typically is possible to file the EAD application while the H1B and H-4 extensions are still pending. (26.Aug.2020) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information......
26 August 2020
NewsFlash! USCIS Cancels Plans to Furlough Staff
The U.S. Citizenship and Immigration Services (USCIS) has reportedly cancelled its plans to furlough a large percentage of its staff at the end of this month. Due to budget constraints, however, the USCIS is cautioning stakeholders to expect longer wait times for certain services, such......
25 August 2020
I saw that the September 2020 Visa Bulletin was just released, but there was almost no movement. Is there likely to be more movement next month?
Answer The new fiscal year starts on October 1, 2020, and with it, a new annual allotment of immigrant visas. Priority dates likely will advance in October, but we do not know yet how much movement there will be. (20.Aug.2020) Sheela Murthy and other senior......
20 August 2020
My I-140 is approved, but I just received a good job offer in India. I would like to work there for at least a few years. Can I do that without abandoning my I-140?
Answer Generally speaking, leaving the U.S. would have no impact on the validity of the I-140 approval. It typically is permissible to be outside the U.S., even for an extended period of time, and then apply for the green card later, when the priority date......
20 August 2020
September 2020 Visa Bulletin
The U.S. Department of State (DOS) has released the September 2020 Visa Bulletin. There is very little movement from the previous month. This is the final visa bulletin of the current fiscal year. All cutoff dates listed refer to the dates in the final action......
19 August 2020
Injunction on Public Charge Rule Limited to Residents of CT, NY, and VT
On July 29, 2020, the U.S. Citizenship and Immigration Services (USCIS) confirmed that, following an injunction issued by the U.S. District Court for the Southern District of New York, it would not apply the October 2, 2019 public charge rule “…for any period during which......
17 August 2020
The PERM filed by my current employer was denied, and the appeal is now pending with BALCA. Can a different employer file another PERM case for me while the appeal is still pending?
Answer Yes, it normally is possible to have one employer file a PERM case for you, while another PERM is under appeal through a different employer. Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online......
13 August 2020
USCIS Confirms Suspension of Courtesy Faxes for Premium Processing RFEs and Denials
The U.S. Citizenship and Immigration Services (USCIS) has confirmed temporary suspension of the issuance of courtesy faxes for requests for evidence (RFEs), notices of intent to deny (NOIDs), and denials due to the pandemic. The USCIS will continue to issue such notices via regular mail......
13 August 2020
MurthyAudio: COVID-19 Update
Murthy Law Firm attorneys provide an update on how COVID-19 has affected U.S. immigration both in the U.S. and at U.S. consulates, which aired on 05.Aug.2020 as part of our teleconference series for employers and their representatives. The MP3 is available here, and is listed......
12 August 2020
USCIS Filing Fees to Increase by 20% on Average
Today, 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 2020
NY Court Blocks Trump Administration’s “Public Charge” Rule During the Pandemic
On July 29, 2020, U.S. District Judge George Daniels issued an decision temporarily blocking the public charge rule during the COVID-19 pandemic. Earlier this year, the U.S. Supreme Court allowed the government to proceed with applying the public charge rule until all the legal challenges......
30 July 2020
NewsFlash! Initial DACA and Advance Parole Applications to be Rejected, per DHS New Memo
The U.S. Department of Homeland Security (DHS) announced this afternoon that it will reject all initial DACA and advance parole applications either already pending or future initial requests, and shorten new renewals to one-year validity period, instead of the two-year period. DHS issued a Memorandum......
28 July 2020
August 2020 Visa Bulletin Check-In
Most months, Charles Oppenheim, the U.S. Department of State (DOS) Chief of the Visa Control and Reporting Division, provides visa bulletin explanations and predictions. Following the release of the August 2020 Visa Bulletin, Mr. Oppenheim provided a few minor updates. EB1 Category In the August......
27 July 2020

Filter News