10 Jun 2022

MurthyAudio: L1A/L1B Overview

An overview of nonimmigrant L1A/L1B options as well as tips for filing and responding to requests for evidence (RFEs) are provided by Murthy Law Firm attorneys in this teleconference from 01.Jun.2022.The MP3 is available here, and will soon appear in the archive of our teleconferences...

09 Jun 2022

I am a U.S. citizen. About 5 months ago, my mother entered in B-2 status to visit me and her grandchildren. At the last minute, we decided to apply for a green card for her. I filed the I-130 and I-485 for her, and those cases are still pending. Can my mother remain in the U.S. after her I-94s expire?

Answer Ordinarily, it is possible to remain in the U.S. in a period of authorized stay based on a pending I-485 application.  (08.Jun.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs...

09 Jun 2022

During my I-485 interview, the officer issued me an RFE for a police report. I provided the document within a few days. How long does it take to process an I-485 application once an RFE is responded to?

Answer Typically, the USCIS does not provide a specific breakdown of processing times based on whether an RFE has been issued, responded to, etc. Rather, the USCIS processing times webpage simply lists processing times based on the type of case and the field office or service...

09 Jun 2022

I have a friend who got a green card issued more quickly because he filed a second I-485 instead of interfiling his upgrade case. Is filing a second I-485 really a better option to get a green card more quickly?

Answer Normally, filing a second I-485 is not recommended and does not result in the green card being issued more quickly. To the contrary, if the USCIS officer reviewing the case follows the proper procedure, filing a second I-485 typically will result in additional delay.To be...

02 Jun 2022

My wife and I filed I-485 applications based on her EB3 I-140. Can I now interfile my I-485 based on my EB2 I-140?

Answer Yes, generally speaking, the fact that one's I-485 is pending based on a spouse's I-140 would not prevent the person from interfiling based on one's own I-140 petition. (01.Jun.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...

02 Jun 2022

My H1B extension was approved recently, but my wife’s H-4 extension is still pending. She now needs to travel to India. Can she apply for an H-4 visa now? Or does she need to wait for the USCIS to approve the H-4 extension?

Answer Normally, there is no need to wait for an I-539 to be approved in order to apply for an H-4 visa at a consulate. If the applicant can show that the principal spouse is in valid H1B status, the consulate typically has the authority to...

02 Jun 2022

My H1B was not selected in the lottery, so I am going to continue working for my employer on STEM OPT. Is it possible for the company to initiate the PERM process for me now, or do I first need to get into H1B status?

Answer There is no requirement that a person be in H1B status for a company to initiate a PERM case for that individual.  (01.Jun.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more...

01 Jun 2022

Humanitarian Reinstatement Following Death of Petitioning Relative

In most circumstances, the U.S. Citizenship and Immigration Services (USCIS) is required to revoke an approved family-based petition for alien relative (form I-130) if the petitioning relative dies before the beneficiary is issued an immigrant visa. However, under certain circumstances, a humanitarian reinstatement request is...