Highlights from MurthyChat Session: 13.May.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: Is it advisable to go to India for F-1 stamping after COS (F-2 to F-1) is approved (before courses begin)?

Senior Attorney:

It is not necessary to travel abroad to obtain a visa stamp if the F-1 change of status has been approved. The visa stamp is only needed if travel is required for some other reason. There is always a risk in travel and there is quite a bit of discretion involved in F-1 visa adjudications. So, if there is not a need to travel, there is no reason to take the risk of applying for the F-1 visa.

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Question: I am a green card holder. I have petitioned for my spouse in India. When the priority date becomes current, how much time will it take for her to get a green card?

Senior Attorney:

If the I-130 has been approved, and the case is at the National Visa Center, there should be some communications / requests as the priority date draws nearer to becoming current. If the visa fee has been paid, and the forms and documents submitted to the NVC, the case should move pretty quickly when the date becomes current. It still may take a few months, as it has to be set for an interview at the consulate. So, it depends upon the appointment availability at the particular consulate.

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Question: Can doing a masters degree - like MBA - in the U.S. benefit me in upgrading from EB3 to EB2?

Senior Attorney:

The MBA could potentially help to qualify an individual to move from EB3 to EB2. Of course, shifting to EB2 will require a job offer and new PERM labor for a position that requires the MBA. Simply having the degree is not enough. And, there are issues if the current employer pays for any part of the education and then tries to sponsor the PERM case.

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Question: Is it better for a U.S. citizen to apply for her sister than for her older permanent resident mother to apply for her?

Senior Attorney:

It would be better to just file I-130s through both the USC sister and the LPR mother. Both the family-based (FB) 4th preference and the FB 2B categories are very backlogged. But, there is no way to know if or when there may be some unusual development that would make the cutoff dates jump forward. There is also pending legislation that would largely rework the entire system, if it is passed into law. So, since it is not necessary to choose which person will file, just file both and see which one comes through first.

 

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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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