The Murthy Law Firm regularly assists foreign nationals in filing self-sponsored immigrant petitions under the EB2 national interest waiver (NIW) category. In one such case, the immigrant petition (form I-140) was filed for a public safety technology researcher focused in the areas of machine learning, artificial intelligence (AI), data analytics, and data management. Our client graciously granted permission to the Murthy Law Firm to share her story to help others who may be considering applying for an NIW. Qualifying for a National Interest Waiver (NIW) The NIW is an avenue under U.S. immigra ..read more

Answer One of the requirements to qualify for L-1 is that the foreign national must be employed by the related entity abroad for at least one year. Serving as a contractor, rather than an employee, typically would not be sufficient to meet this requirement. (24.Apr.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 Rights Reserved The post I own a company in the U.S. and one in India. In India, there is someone who has worked ..read more

Answer Yes, it generally is possible to upgrade to premium processing at any time while an H1B petition is pending. (24.Apr.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 Rights Reserved The post An RFE was issued on my H1B petition. Can my employer upgrade my case to premium processing when they respond to my RFE? appeared first on Murthy Law Firm | U.S Immigration Law ..read more

Recently been laid off while in H1B status? Schedule a call with one of our attorneys to find out what your options are. The post H1B Layoff? What Now? appeared first on Murthy Law Firm | U.S Immigration Law ..read more

The U.S. Citizenship and Immigration Services (USCIS) strictly enforces the requirement to file the optional practical training (OPT) application within 30 days of the date the designated school official (DSO) enters the OPT recommendation into the Student and Exchange Visitor Information System (SEVIS) record, and within 60 days of the date the DSO enters the recommendation for the STEM OPT extension into the SEVIS record. F-1 students should be familiar with the deadlines for applying for OPT, and those pursuing STEM degrees also should be aware of the STEM OPT application deadline. Deadline ..read more

Are you an F-1 student selected in the FY2025 H1B lottery? If you meet certain eligibility criteria upon fling of your H1B petition, you may qualify for cap-gap – i.e. extension of F-1 status and/or OPT employment authorization. Contact us to learn more! The post Are You Eligible for Cap-Gap? appeared first on Murthy Law Firm | U.S Immigration Law ..read more

The U.S. Citizenship and Immigration Services (USCIS) recently announced that any foreign national filing an application for naturalization (form N-400) now may request an original or replacement Social Security number (SSN) or card without having to visit a Social Security Administration (SSA) office. Additionally, the form N-400 and the USCIS Policy Manual have been updated to include a third gender option, “X,” defined as “Another Gender Identity.” Requesting Social Security Updates As of April 1, 2024, a foreign national filing an N-400 application may request an original or replacement so ..read more

Answer Generally, no. If you are maintaining H1B status, you are not required to start using your EAD, and you can keep the card as a backup. Once you start using your EAD, your H1B status terminates. And, in many, if not most, situations, we recommend that our client maintain their H1B status, when possible. (17.Apr.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 Rights Reserved The post I am in H1B status with a pending I ..read more

Answer Unfortunately, the H-4 EAD rule only applies for H-4 spouses. Regardless of the reason behind the request, the USCIS cannot approve an H-4 EAD application filed on behalf of an H-4 dependent child.  (17.Apr.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 Rights Reserved The post My daughter is a high school student in H-4 status. She was offered a paid summer internship that would be great experience for when sh ..read more

Answer The rules regarding the issuance of driver’s licenses vary from state to state. You should check with your local Department of Motor Vehicles (or equivalent entity in your state) to determine what is required in that state. Also note that some states offer two categories of non-commercial drivers’ licenses – a REAL ID compliant driver’s license, which requires applicants to present evidence of their lawful immigration status, and a non-compliant driver’s license, which does not require any type of immigration documentation. These non-compliant drivers’ licenses generally still can be us ..read more