16 Jan 2020

I am Indian and have an approved EB2 I-140. If I apply for a national interest waiver (NIW), will that help me get a green card more quickly?

Answer If an NIW I-140 is approved, the case still falls under the EB2 category. So, while the NIW category has certain benefits (e.g., self-sponsorship), it generally will not help with regard to the lengthy backlogs in the visa bulletin. (16.Jan.2020)Sheela Murthy and other senior attorneys...

16 Jan 2020

Does the U.S. allow for dual citizenship?

Answer U.S. law does not prohibit a person from being a dual citizen. But, depending on the circumstances, there are certain complications that can arise; and one must take into consideration the laws of the other country regarding dual citizenship. (16.Jan.2020)Sheela Murthy and other senior attorneys...

26 Dec 2019

A few years ago, my H1B petition was selected in the lottery and approved for consular processing, but I never got my H1B visa stamp and I never worked in H1B status. If I find a job in the U.S., do I have to go through the lottery again?

Answer The USCIS technically only considers an H1B applicant counted against the numerical H1B cap if s/he is granted a change of status to H1B, or is issued an H1B visa from a U.S. consulate abroad. Absent one of the above, the USCIS may deny a...

26 Dec 2019

I am finishing a J-1 program and am subject to the home residency requirement. Prior to beginning the J-1, I lived in India. Once I am done with the program, however, I will be moving to live in Australia. If I live in Australia for two years, will that satisfy the home residency requirement?

Answer Generally speaking, a person is required to live in the previous country of residency – in your case, India. Living in Australia normally would not meet this requirement. (26.Dec.2019)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...

26 Dec 2019

My H-4 EAD extension is pending and will expire next week. I will lose my job if it is not renewed before then. Can I ask the USCIS to expedite my case?

Answer It certainly is possible to request the USCIS to expedite a pending H-4 EAD application, but the USCIS is very reluctant to expedite EAD applications. In fact, earlier this year, the USCIS updated the Adjudicator's Field Manual to state that "[t]he need to obtain employment...