20
Jun
2024
I-485 Travel in H / L Status
Want to know the effects of traveling in H1B / L-1 status while have a pending I-485? Our helpful article explains it all....
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HQ
19
Jun
2024
My H1B was approved, but my employer says they never received a copy of the approval notice. Can I request the USCIS send a copy to me?
Answer The H1B employer may file a form I-824 with the USCIS to request a duplicate copy of an approval notice, but this cannot be filed by the H1B beneficiary.However, you may file a Freedom of Information Act request with the USCIS, asking for documents related...
19
Jun
2024
I am a derivative child in a family-based case that was filed for my mother. My mother’s case is current on the dates for filing chart, and the National Visa Center has accepted our documents. Now, we’re waiting for the interview and for the date to become current on the final action chart. Is my age locked in now under the Child Status Protection Act?
Answer Unfortunately, no. Age is not locked in under the CSPA based on having a case pending at the consulate under the dates for filing chart. A child can still age out under these circumstances. (19.Jun.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the...
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Consulates / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident
19
Jun
2024
I am applying for a visitor visa and my brother in the U.S. offered to fill out an affidavit of support for me. Will that improve my chance of approval?
Answer If you have enough funds to cover the cost of your trip on your own, we typically recommend against submitting an I-134 affidavit of support when applying for a B-1/B-2 visa application. (19.Jun.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...
18
Jun
2024
Murthy Snapshot: Easier Path to Green Card for Certain Undocumented Spouses of U.S. Citizens
On June 17, 2024, the U.S. Department of Homeland Security (DHS) announced a proposed program to promote family unity and remove certain roadblocks towards lawful permanent residency (i.e., a "green card") for certain undocumented noncitizen spouses of U.S. citizens. Below are the key points you...
18
Jun
2024
Undocumented USC Spouses Adjusting Soon
DHS and White House announcing today U.S. citizen spouses and kids in U.S. illegally for at least 10 years as of 17.Jun.2024 and legally married as of 17.Jun.2024 can stay together without leaving the U.S. Requires also no criminal history and not a public threat....
17
Jun
2024
Basic Eligibility Requirements for Naturalization
A number of criteria must be reviewed to determine if a person is eligible to apply for U.S. citizenship. As a starting point, the applicant must be a legal permanent resident (LPR) and at least eighteen years old. There are limited exceptions to this rule,...
13
Jun
2024
DOL Retracts Certain PERM Labor Certification Approvals
The Office of Foreign Labor Certification (OFLC), which is responsible for adjudicating PERM labor certification applications for the U.S. Department of Labor (DOL), has retracted the approvals issued on an unknown number of labor certifications. The OFLC claims these approvals were issued in error. Background on...
12
Jun
2024
I was laid off from my H1B position. I got an offer, but the company says their only education requirement is a bachelor’s degree in any field. Is this sufficient for an H1B filing?
Answer In order to qualify for an H1B position, the minimum requirements generally must include at least a minimum of a bachelor's degree in a particular field. If a position will accept a bachelor's degree in any field, it normally will not qualify as an H1B...
12
Jun
2024
I am a Mexican citizen working as a mechanical engineer on a TN visa. My current job is coming to an end next month, but I received an offer for another mechanical engineer position. Do I have to go back to a consular post in Mexico to apply?
Answer No. In order to apply for a change in employer as a TN worker, the employer may file a petition with the USCIS, or, if the TN visa in your passport is still valid, it typically is possible to apply in person at a U.S....