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07 Dec 2023

When I filed my I-140, I had to list my daughter on the form. Will this harm her chances of getting an F-1 student visa?

Answer No, this normally would not impact an applicant's chances of being issued an F-1 student visa. (07.Dec.2023)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 © 2023, MURTHY LAW...

09:15 / Employment Based / F-1 / FAQs / For Families / For Individuals / Nonimmigrant Family / Resident / Student
15 Nov 2023

Last year, I was laid off from my H1B position and I moved to H-4 status. My previous employer revoked my H1B petition. If I wish to move back to H1B status, do I have to go through the lottery again?

Answer In most situations, once a person has been granted H1B status, that individual is considered to have been "counted against" the H1B cap. This typically means that an H1B may be filed for the person without having to go through the lottery again. (15.Nov.2023)Sheela Murthy...

18:27 / FAQs / For Families / For Individuals / Nonimmigrant Family / Worker
06 Nov 2023

Immigration Tips Before Taking a Cruise

While foreign nationals are typically mindful about confirming the permissibility of international travel prior to boarding a plane, an individual may be less mindful about another, less common form of travel – international cruises. However, like air travel, a foreign national should understand the nature...

08:12 / Citizen / For Families / For Individuals / Immigrant Family / NewsBrief / Nonimmigrant Family / Resident / Student / Travel / Visitor / Worker
05 Oct 2023

I just filed my H-4 and H-4 EAD extensions together. Both my I-94 and EAD are about to expire. Am I now allowed to work for 240 days based on the pending extension applications?

Answer No. While there is a rule that allows certain categories of nonimmigrant workers to continue working for the same employer for up to 240 days based on a timely-filed petition to extend status, that rule does not apply to H-4/EAD extension applications. (05.Oct.2023)Sheela Murthy and...

08:39 / FAQs / For Families / Nonimmigrant Family / Worker
28 Sep 2023

I was in H1B status and then changed to H-4. I now wish to move back to H1B status. Once the change of status petition is filed, can I start working based on the receipt notice?

Answer No. Ordinarily an H-4 dependent may not start working based on a pending H1B petition requesting a change of status. (28.Sep.2023)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...

08:02 / FAQs / For Employers / For Families / For Individuals / Nonimmigrant Family / Worker
28 Sep 2023

USCIS Exempting Biometrics Fee for all I-539 Applicants, Effective 01.Oct.2023

Beginning October 1, 2023, the U.S. Citizenship and Immigration Services (USCIS) will exempt all I-539 applicants from paying the $85 biometrics service fee. This exemption will apply indefinitely. Background Information In 2019, the USCIS implemented a policy that required most form I-539 applicants to complete biometrics screening...

07:39 / For Families / For Individuals / NewsBrief / Nonimmigrant Family / Student / USCIS News / Visitor / Worker
31 Aug 2023

I am in H-4 status and am enrolled in university as a full-time student. To be eligible for OPT after I graduate, do I need to be enrolled full time in F-1 status for a full year?

Answer Generally speaking, one of the requirements for OPT eligibility is that the individual must have been enrolled in a college or university on a full-time basis for at least one full academic year. The USCIS has clarified that, for pre-completion OPT, the one-full-academic-year requirement does...

09:27 / F-1 / FAQs / For Families / For Individuals / H-4 Dependents / Nonimmigrant Family / Student
14 Aug 2023

Department of State Updates Guidance on Material Misrepresentation Findings

Earlier this year, the U.S. Department of State (DOS) updated the guidance for how consular officers should determine whether a misrepresentation made by a foreign national is to be considered "material." Under the Immigration and Nationality Act, if a foreign national makes a misrepresentation regarding...

10:18 / Consulates / EB5 Investor / Employment Based / Family Based / For Families / For Individuals / Homeland Security / Immigrant Family / Investor / NewsBrief / Nonimmigrant Family / Resident / Student / Travel / Visitor / Worker