Answer An EAD application cannot typically be filed based on an approved I-130 until the priority date is current and the I-485 application is filed. (04.Mar.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here....
Answer There does not appear to be a clear answer to this question. While some activities would almost certainly be viewed as unauthorized employment (e.g., driving for Uber,) the answer is less clear for many types of activities, such as creating art.As a point of reference,...
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 be...
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...
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...
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...
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...
Answer The 240-day rule applies to the extension of employment authorization for certain categories of nonimmigrant workers. It does not apply to B-2 applicants. Typically, if an application to extend status is timely filed, the applicant may remain in the U.S. in a period of authorized...
Answer The USCIS has not yet announced when the registration period will open. However, we suspect the registration period will begin in early March, as it did last year. (07.Jan.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...
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 © 2021, MURTHY LAW...
