11 Sep 2024

If I have a PERM case with an I-140 approved in EB2, can I then use that case to file an I-140 in EB3 even if the labor certification has expired?

Answer In general, yes, this is permissible. There is a USCIS memo that says, as long as one I-140 petition was filed within the validity period of the labor certification, another I-140 petition can be filed. (11.Sep.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies...

11 Sep 2024

I am a citizen of Canada and I am in the U.S. as a J-1 scholar subject to the 2-year home residency requirement. I have received a job offer from a university to sponsor me for cap-exempt H1B position. But I heard that I must first obtain a J-1 waiver or remain in my home country for two years to come back to the U.S. in H1B status. Do I have any options?

Answer A person subject to a J-1 home residency requirement typically is not eligible to be granted a change of status to H1B or an H1B visa "stamp" from a consular post unless the individual first either completes the home residency requirement or obtains a waiver....

11 Sep 2024

If I file my wife’s H-4 and H-4 EAD applications together with my H1B petition that is filed for premium processing, is it true that the USCIS will provide premium service to all the cases?

Answer Yes, at least for now, the USCIS should adjudicate these cases at around the same time. This is based on a settlement agreement that the USCIS entered into on January 25, 2023. The USCIS is only bound by this agreement for a few more months,...

04 Sep 2024

If I travel while my H1B extension is pending and return while my existing petition is still valid, but before the extension is approved, what happens once the extension is approved? Can I rely on the extended I-94 in that situation?

Answer There is no statute or regulation that specifically addresses this issue. Over the years, however, there has been some guidance indicating (or, at least, implying) that traveling while an H1B extension of stay is permissible, and that the beneficiary's new I-94 will go into effect...

04 Sep 2024

I lived in the U.S. for 12 years while on H1B and now my daughter wants to sponsor my wife and me for a green card. I know I am eligible for a waiver of an affidavit of support because I have earned 40 quarters of employment in the U.S., but does my wife need an affidavit of support?

Answer No. Ordinarily, one's wife in this situation would not need an affidavit of support, because she can be credited with your 40 quarters of employment. (03.Sep.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click...

04 Sep 2024

My H-4 I-94 duration was shortened because my passport was expiring, but my EAD is valid for another 2 years. Can I continue to work after I file my H-4 extension?

Answer Unfortunately, no. Normally, an H-4 dependent spouse cannot work past the I-94 expiration date. (03.Sep.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...

28 Aug 2024

My employer is sponsoring me for a PERM position that requires prior work experience. Can I use experience gained with a foreign employer to qualify for the position?

Answer Typically, yes, it is possible to use work experience gained abroad, assuming the experience was related to the position. (28.Aug.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 ©...

28 Aug 2024

I am in India and my husband is working in the U.S. in H1B status. I plan to arrive in the U.S. in December. Can I apply for an H-4 EAD now, so that it might be approved by the time I arrive in the U.S.?

Answer Unfortunately, one generally must be physically in the United States to apply for an H-4 EAD. In many situations, however, it is possible to leave the U.S. while the H-4 EAD application is still pending. (28.Aug.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies...