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...

21 Aug 2024

I am currently in the U.S. on H1B, and my visa stamp has expired. I am supposed to travel to Toronto for a short business trip. Is it true that I can go to Canada and come back without having to get a new visa stamp?

Answer Under the contiguous territory rule (also known as automatic visa revalidation or AVR,) a foreign national may be readmitted to the U.S. after traveling to Canada or Mexico for no more than 30 days. A more detailed explanation of this program is available in the...

21 Aug 2024

My mother and I entered the United States when I was a child. We were not legally admitted. After we arrived, my mother married a U.S. citizen. I think I meet all the eligibility requirements to apply for parole in place (PIP) under the new program. However, my mother passed away several years ago. Can I still apply for PIP?

Answer Yes, a stepchild of a U.S. citizen does not need to apply with their noncitizen parent. However, you need to establish a child-parent relationship with your stepfather. (21.Aug.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online...