02 Jan 2025

A few weeks after I was arrested for driving while intoxicated, I received an eMail from the consulate saying that my H1B visa had been revoked. Do I need to leave the U.S. now?

Answer The prudential revocations of a visa due to a DUI only impacts the visa “stamp,” not a person’s status.That being said, please see our MurthyDotCom InfoArticle, Alcohol-Related Arrests Create Immigration Problems (29.Dec.2023), which summarizes some of the key problems that can be created by one...

24 Dec 2024

My brother is a U.S. citizen, and he filed a green card case for me a number of years ago. Can I port that priority date to my I-140?

Answer Unfortunately, no, you normally cannot use the priority date on a family-based case for an employment-based case. (24.Dec.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...

19 Dec 2024

Increase of Automatic Extension Period for Certain EAD Renewals Made “Permanent”

On Tuesday, 10.Dec.2024, the U.S. Department of Homeland Security (DHS) announced a final rule to permanently implement the rule that automatically extends the validity of certain employment authorization documents (EADs) based on a pending, timely filed application to extend employment authorization. The final rule will...

18 Dec 2024

I have been living in the U.S. in H1B status for several years. While living here, I have formed a very close relationship with an elderly couple, both of whom are U.S. citizens. My own parents are deceased, and this couple wishes to adopt me and sponsor me for a green card. Is this possible?

Answer Even if it is possible for the couple to adopt you – and this would be based on state law – this would normally not help, from an immigration law perspective. To sponsor an adopted child under U.S. immigration law, the foreign national typically must...

18 Dec 2024

I have been in H1B status for nearly six years, and I have a PERM case filed by Company A that has been pending for more than 365 days. Can Company B file an H1B petition for me requesting status beyond six years using the PERM filed by Company A?

Answer Yes. Generally, any employer may file an H1B for you requesting status in 1-year increments as long as the PERM filed by the other company remains pending. (17.Dec.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online...