Answer Technically speaking, to qualify for AC21 portability when the I-140 is still pending, the I-140 must be "approvable when filed." Assuming all the standard AC21 requirements are met (e.g., porting to the same or similar job), this may be an option, but it is not...
Answer Withdrawing the pending I-485 at this point is probably not the best option. It may be possible to interfile, or one could potentially file a second I-485 and have both cases pending. Eventually, the USCIS will ask the applicant to choose one of the cases...
The U.S. Department of State (DOS) has announced that it has reinterpreted the Immigration and Nationality Act (INA) to grant U.S. citizenship at birth to a child born abroad, as long as the parents were married at the time of the child’s birth and the...
Answer First off, if a person is in the U.S., the expiration date of the H-4 visa "stamp" has no impact on one's status. Status generally is determined by one's I-94 expiration date.Second, both H-4 status and the H-4 visa stamp are not tied to any...
Answer No, there generally is no requirement that the beneficiary be in the U.S. at the time the I-140 is filed. (03.Jun.2021)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...
Answer No, there have been no updates. The travel ban is based on the pandemic conditions in India. Presumably, once the pandemic comes under control there, the travel ban will be lifted. (03.Jun.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information...
The U.S. Department of Homeland Security (DHS) issued a request for public input in April 2021, regarding "…how U.S. Citizenship and Immigration Services (USCIS) can reduce administrative and other barriers and burdens within its regulations and policies, including those that prevent foreign citizens from easily...
It can take years for a foreign national to be granted status as a lawful permanent resident (i.e., "green card" holder) through one of the employment-based categories. This is especially true for applicants born in one of the heavily oversubscribed countries, notably India and China....
Answer Unfortunately, no. The H-4 EAD program can only be used by H-4 spouses. H-4 children are not eligible to apply for the H-4 EAD. (27.May.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here....
Answer Ordinarily, there is no set time limit for filing an I-485 application after one's priority date has become current. (27.May.2021)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 ©...
