27 Feb 2023

USCIS Expands Eligibility Under the Child Status Protection Act

On February 14, 2023, the U.S. Citizenship and Immigration Service (USCIS) issued updated guidance in the USCIS Policy Manual that significantly improves the protections offered by the Child Status Protection Act (CSPA). Per the new guidance, in certain circumstances, CSPA age determinations may be based...

23 Feb 2023

I found a company willing to file an H1B registration for me in the lottery. However, the company only has one employee. Is that permitted?

Answer There is no set minimum number of employees a company must have in order to file an H1B registration or petition. (23.Feb.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs...

23 Feb 2023

I am in H1B status and have an offer to move to a new employer. My current employer will not give me a copy of my H1B approval notice. Is it possible to change to a new company without this notice?

Answer Ordinarily, in filing an H1B change of employer petition, there is no requirement to provide the USCIS with a copy of the current employer's H1B approval notice. (23.Feb.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online...

23 Feb 2023

While my father was visiting me on B-2, I sponsored him for a green card. Both the I-130 and I-485 are pending. Can he travel back to India and then return on his B-2, or does he need to first get an advance parole document?

Answer Typically, if a person in B-2 status travels while an I-485 is pending, the I-485 is considered abandoned unless the individual has a valid AP document. (23.Feb.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services,...

22 Feb 2023

USCIS Extends COVID-19 Flexibilities a Final Time: Through 23.Mar.2023

The U.S. Citizenship and Immigration Services (USCIS) has extended certain flexibilities related to the COVID-19 pandemic through 23.Mar.2023. The USCIS anticipates that this will be the final extension of these measures. Flexible Deadlines Applicable through 23.Mar.2023 Under the extension, applicants and petitioners will continue to have an...

16 Feb 2023

After completing my undergraduate degree in the U.S., instead of using OPT, I moved directly to a master’s program. When I complete this, can I use the OPT period from the bachelor’s plus the OPT period from the master’s program?

Answer No. If OPT is not used following the completion of one program, that OPT period cannot be added to OPT available through the completion of a subsequent program. (15.Feb.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...

16 Feb 2023

I am in the U.S. on B-1/B-2. A few years ago, my sister, who is a U.S. citizen, sponsored me for an FB4 green card. My priority date will not be current for a number of years. Can I ask USCIS to expedite my case so that I can file an I-485 now and wait in the U.S. until the priority date becomes current?

Answer It generally is not possible to file an I-485 application based on an I-130 petition when the priority date is not current. While the USCIS has the ability to expedite the processing of an I-130 petition, the ability to apply for adjustment of status in...