Highlights from MurthyChat Session: 08.Apr.2013

In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click here.

Question:  Hi! When and how can my employer & I get to know that I have been selected in H1B lottery?

Senior Attorney:

The lottery was conducted on April 7, 2013. So, people should start finding out soon. Some people will have their entire H1B packets returned by mail (including the checks) from the USCIS. That will take a little time, as they all have to be sent back and delivered by ordinary mail. Other employers will see that the USCIS has cashed their filing fee checks - that only happens if the cases are selected in the lottery. The checks will likely clear well before the receipt notices begin to arrive, which usually takes at least a few weeks.

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Question:  Is it possible to process green card for an L-2 dependent? (Spouse is with L1A.)

Senior Attorney:

Yes, an employer or qualifying family member can sponsor a GC for an L-2 dependent. A person could be the primary in the GC case, while being the dependent in the L case. There are no special rules that apply in this situation; the GC can be processed under standard procedures.

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Question:  A permanent resident stayed 11 months overseas for medical reasons. Will the green card be revoked?

Senior Attorney:

The issue is abandonment of the GC. The GC is considered abandoned if a PR spends more than a year abroad without a reentry permit. There are presumptions that arise, which may lead to questions at the port of entry, after spending more than 6 months abroad. For an 11-month stay, it is important to return, if possible, before hitting the one-year point. Then, be prepared to explain the need to be abroad to the port of entry officer.

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Question:  My wife and I (primary) are on EAD with pending I-485, if my wife delivers our baby in India, how we can bring the baby back to USA? On which visa?

Senior Attorney:

If there is no nonimmigrant status (H-1, L-1), this is not a good idea for an Indian national. If there is a nonimmigrant status in addition to the I-485/EAD, then the child can come to the U.S. as a dependent (H-4, L-2). Otherwise, there will be no way for the child to return until the primary's GC case is approved. The child would have to process at the U.S. consulate for an immigrant visa - and that can only happen if the primary's GC case is approved AND the priority date in the EB category is current, to allow the child to get a visa. This could be a big, big mistake with many years of family separation in some cases.

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Disclaimer: The information provided here is of a general nature and may not apply to any specific or particular circumstance. It is not to be construed as legal advice nor presumed indefinitely up to date.

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