Highlights from MurthyChat Session: 23.Sep.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: My priority date becomes current for EB2 on Aug 1st and in almost 7 weeks and I have not see any change in my I-485 status. Is there anything I can do speed up this process?

Senior Attorney:

If the date is current, it is possible to follow up on the case. There is an eMail option that shows up on the USCIS WebSite on the same page as the status check. It is possible to place a request via that eMail. It is also possible to use the customer service 1-800 number. The Murthy Law Firm routinely follows up on the current pending I-485 cases of our clients. The Texas Service Center has a specific eMail address for this purpose. Request some action from the attorney.

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Question: I have an offer from an employer whose employee size is 3. Does the company size impact the green card process? Would there be any hurdles in labor, I-140, and I-485 process due to the company size?

Senior Attorney:

There is no company size requirement in the GC case. Of course, company stability is important over the duration of the case. The main issue for a small company, other than cost, would be the ability to pay the offered wage. The company must be able to establish the ability to pay the wage that is offered in the GC case as of the priority date. Otherwise, the I-140 will not be approved.

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Question: One of my friends was terminated from his job last week while he is in India on vacation. He has H1B stamped from that employer. Can he enter the USA on that H1B? and how long will it take to revoke / cancel the H1B?

Senior Attorney:

If the job has ended, your friend should not enter on the employer's H1B petition. It is not only an issue of how long it takes to revoke the H1B petition. Even if the petition is not yet revoked, or the request to revoke isn't showing in the system yet, it is not appropriate to enter claiming to be eligible for H1B status when one knows that the job has ended. This is very unfortunate timing.

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Question: As a U.S. citizen, can I concurrently file I-130 & I-485 (family-based green card) at the same time that my brother is here in the U.S. as a visitor? Also, what happens if he goes back to India after 6 months? Thank you in advance.

Senior Attorney:

The I-485 cannot be concurrently filed for a family fourth preference (FB4) sibling case. There is a very long backlog in visa number availability in that category - many years. The I-485 cannot be filed unless the particular priority date is available / current. Thus, while the I-130 could be filed in an FB4 case, it would have to be filed for consular processing in this example. No benefits can be granted unless and until the priority date becomes available / current.

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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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