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...
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...
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...
The U.S. Citizenship and Immigration Services (USCIS) will soon begin phasing in the availability of premium processing service for two categories of I-140 petitions that historically have not been eligible for premium processing. Specifically, the USCIS will expand the option of premium processing service to...
Answer In completing an I-864 Affidavit of Support form, the individual sponsoring a family member for permanent residence normally must demonstrate income at a level equal to or above 125 percent of the federal poverty guideline level. If the sponsor does not have a sufficient annual...
Answer Generally speaking, if an H1B extension is timely filed, the H1B worker may remain in the U.S. for as long as the petition remains pending. If the petition is denied, the individual normally is eligible a grace period of up to 60 days or the...
Answer Unfortunately, this type of error can be a serious problem for a number of reasons. First off, if the USCIS notices the error, they typically will move to revoke the green card. Second, even if the USCIS does not revoke the green card, it could...
At the directive of President Biden, the U.S. Citizenship and Immigration Services (USCIS) has implemented a program, titled Uniting for Ukraine, designed to help Ukrainians fleeing from Russia's invasion. The program is intended to provide a streamlined process for Ukrainians to apply for humanitarian parole....
Answer In order submit an I-485 application, one needs to physically be in the United States at the time of filing. If you wish to apply for a green card from India, the application normally would be submitted for consular processing (i.e., applying for an immigrant...
Answer On average, it takes the consulate about four-to-eight weeks to process a 221(g) case. Note that some dropbox applicants are being asked to schedule follow-up 221g interviews. (18.May.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online...
