When an individual applies for an F-1, H1B, or other nonimmigrant visa at the U.S. consulate abroad, it can be fairly common to be refused initially under Section 221(g) of the Immigration and Nationality Act (INA). This broad section applies to a wide variety of visa application issues, including some that are fairly minor and temporary. However, as explained here, the INA 221(g) outcome is categorized as a visa refusal. This clarification is important for future visa applications, as well as for Visa Waiver Program (VWP) travelers. 221(g) Allows Consular Officer to Request Further Informatio ..read more

Answer When applying for a visa “stamp,” the petition must be valid and the job must still be available. If circumstances change after the visa is issued, there is no cooling off period required to apply for an amendment. Further, the existing visa typically would remain valid, even if traveling based on an H1B amendment. That being said, an immigration officer, such as a U.S. Customs and Border Protection (CBP) officer at a U.S. port of entry, has the discretion to question why an amendment was filed shortly after the visa was issued. So, as an added precaution, one could carry evidence that ..read more

Answer If an I-140 is filed for you under the EB1(c) category and that case is denied, it normally would have no impact on the existing EB2 case (or your ability to retain the old priority date.) (30.Nov.2022) 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 © 2022, MURTHY LAW FIRM. All Rights Reserved The post Before coming to the U.S. on H1B, I worked as a manager for a related company in India. In the U.S., I only have a couple of reports, so my employer s ..read more

Answer The last official update on this came in March 2022, when the USCIS indicated that premium processing for H-4 and EAD applications likely would not become available until fiscal year 2025 (which begins October 1, 2024). So, it appears we still have a long wait. One positive note is that we have seen processing times improve a bit in recent months. Further, in cases where the H-4 and EAD applications are submitted with the principal spouse’s H1B petition filed for premium processing, we sometimes are seeing the USCIS adjudicate all the cases at the same time. This practice (which was rou ..read more

For many, the close of each calendar year brings with it holidays and good cheer. For some, however, there looms the possibility of layoffs as employers assess their needs for the coming year. This is now true in the tech industry and its many H1B workers, as Amazon, Twitter, and Meta, among others, are in the process of laying off a significant number of employees, including many who are in H1B status. These FAQs are designed to provide general information regarding many of the most common issues that arise following layoffs of H1B workers. Question 1. My employer recently laid me off and inf ..read more

On October 31, 2022, a new final rule on Deferred Action for Childhood Arrivals (DACA) went into effect. The implementation of this final rule means that DACA – a program that provides certain temporary protections and benefits to qualifying undocumented immigrants who were brought to the United States as minors – is now based on a formal regulation, rather than merely on an executive order. Background on DACA The Obama Administration initially implemented DACA in 2012 as an executive order. The program allows qualifying undocumented immigrants who came to the United States as children to obta ..read more

Answer In general, a civil lawsuit filed against you by a private party would not impact your immigration status or future green card case. (23.Nov.2022) 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 © 2022, MURTHY LAW FIRM. All Rights Reserved The post I got into a dispute with my former H1B employer regarding a nondisclosure agreement, and they are threatening to sue me. Will this impact my H1B status or ability to get a green card in the future? appeare ..read more

Answer If the existing H1B visa “stamp” in your passport is still valid, it normally is permissible to use that visa and the new employer’s approved petition to request admission in H1B status. (23.Nov.2022) 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 © 2022, MURTHY LAW FIRM. All Rights Reserved The post I was laid off from my H1B position last month and I have since returned to my home country. I just found a new employer willing to file an H1B for me ..read more

Answer Assuming the existing H1B petition was filed for a full-time position, you should not rely on that approval to work part time. However, your employer can file an H1B amendment requesting that the position be approved as a part-time position. And, typically, you then could move to part time upon the filing of that petition. (23.Nov.2022) 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 © 2022, MURTHY LAW FIRM. All Rights Reserved The post I am working i ..read more

The U.S. Department of Education (DOE) terminated recognition of the Accrediting Council for Independent Colleges and Schools (ACICS) as an accrediting agency on August 19, 2022. The U.S. Citizenship and Immigration Services (USCIS), in turn, recently issued an alert explaining the immigration impact this loss of DOE accreditation has for different categories of foreign nationals. As the USCIS explains, this affects foreign nationals seeking to enroll in an English language study program at an ACICS-accredited school, those applying for a STEM OPT extension following completion of a program fr ..read more