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09 Oct 2024

I am in H1B status and my wife and kids are on H-4. I am planning to travel to India for visa stamping, but my family will be staying here, as my kids are in school. Is it okay for my H-4 family members to be in the U.S. when I apply for stamping?

Answer Per a 2006 USCIS memo, “… an H1B or L-1 worker who appropriately brings his or her family to the United States may from time to time be stationed temporarily outside the United States while leaving the family in the United States for purposes of...

13:43 / FAQs / For Families / For Individuals / Nonimmigrant Family / Travel / Worker
09 Oct 2024

We wish to start the PERM green card process for an employee, but the U.S. Department of Labor wage data is significantly higher than what we have seen being paid for this position in this market. Is there anything we can do?

Answer You may wish to consider obtaining an alternative wage survey, as this may show a more realistic wage for your area. The DOL may be able to consider that while issuing their wage determination.  (08.Oct.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the...

13:25 / Employment Based / FAQs / For Employers / For Individuals / Resident
02 Oct 2024

My spouse’s L-1 is approved but my L2S extension is still pending. I do not want to lose my work authorization, so could I use my spouse’s L-1 approval to apply for an L-2 visa stamp, and then use that to get my L2S status extended?

Answer Yes, that generally is a sound strategy. If the principal's L-1 extension has already been approved, it normally can be used to apply for an L-2 visa at a consular post. With the L-2 visa and the L-1 approval, the dependent spouse normally can be...

10:21 / Consulates / FAQs / For Families / Nonimmigrant Family / Travel / Worker
02 Oct 2024

I just realized that we neglected to file my spouse’s H-4 extension when my employer extended by H1B status. Her I-94 has since expired. Should she leave the U.S. now? Will she be able to come back?

Answer If it has been 180 days or less since the date her I-94 expired, the best solution may be to leave the U.S. and apply for a new visa (being sure to disclose the overstay in the DS-160). If it’s been more than180 days, her...

07:19 / FAQs / For Families / For Individuals / Nonimmigrant Family / Worker
02 Oct 2024

I just completed my medicals for my I-485 filing. For how long will my medical be valid? 

Answer Medicals signed by a Civil Surgeon after 01.Nov.2023 are considered valid indefinitely. (01.Oct.2024)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 © 2024, MURTHY LAW FIRM. All Rights Reserved...

07:14 / Employment Based / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident / USCIS News
25 Sep 2024

I wish to sponsor myself under the EB1(a) category. Do I still have to pay the asylum program fee, since there is no employer sponsoring me?

Answer Yes, the asylum program fee is still required, even if there is no employer. If you are self-petitioning, the fee is reduced to $300, which is the same fee that small employers pay. (25.Sep.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law....

13:50 / Employment Based / FAQs / For Individuals / Resident
25 Sep 2024

I was arrested and charged with shoplifting. My defense attorney said that if I agree to plead guilty and stay on probation for 1 year, my guilty plea will be set aside at the end of my probation, and I will have no conviction. I am in H-4 status and am getting ready to apply for a green card. Should I be concerned about my record?

Answer You should consult with a knowledgeable immigration attorney about possible immigration consequences of your criminal record. Although you may have no conviction under the state law as a result of your successful probation, you still are likely to have a conviction for the purposes of...

13:43 / Employment Based / Family Based / FAQs / For Families / For Individuals / H-4 Dependents / Immigrant Family / Nonimmigrant Family / Resident
18 Sep 2024

I applied for my 24-month STEM OPT extension and it currently is pending. My first-year OPT EAD expired two weeks ago. I just received news that I must travel back to my home country for a couple of weeks to attend to a sick relative. Will I be able to return to resume my STEM OPT?

Answer Your EAD and F-1 status are automatically extended for 180 days while your STEM OPT is pending. If you travel during this time, you should be able to come back with an expired EAD and the STEM OPT receipt notice. You should also be able...

10:43 / F-1 / FAQs / For Individuals / Student / Travel