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13 Jul 2023

My husband is on L1A and his employer is filing an EB1 petition for him as a multinational manager. Do I have to be in the U.S. in L-2 status during this process?

Answer There is no requirement that dependents be in the U.S. when an I-140 is filed. Once the priority date is current, however, each dependent would need to be physically in the United States in order to file his or her I-485 adjustment-of-status application. The alternative...

07:29 / AOS/CP (Family) / Consulates / Family Based / FAQs / For Employers / For Families / For Individuals / Immigrant Family / Resident / Travel
03 Jul 2023

Inadmissibility and Immigrant / Nonimmigrant Waivers

A foreign national may become subject to inadmissibility for a variety of reasons. Those deemed inadmissible are not eligible for immigrant or nonimmigrant visas, admission to the United States, extension of nonimmigrant status, or adjustment of status to that of a lawful permanent resident (LPR)....

08:11 / Consulates / For Families / For Individuals / Homeland Security / Immigrant Family / NewsBrief / Nonimmigrant Family / Resident / Travel / USCIS News
16 May 2023

I recently married a green card holder, and my husband is getting ready to sponsor me for a green card. I was on H1B status, but just got laid off. Does this prevent me from filing my I-485 application based on the I-130 my husband is filing?

Answer Assuming you are in your 60-day grace period, being laid off would generally not impact your ability to file your I-485 based on the I-130 petition filed by your husband. (16.May.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on...

07:55 / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident / Worker
03 May 2023

Priority Dates: How Does the Visa Bulletin Work?

The concept of priority dates is confusing for many. There are statutory limits to the number of foreign nationals who may be granted permanent residency (commonly, green cards) under all employment-based (EB) and most family-based (FB) categories. For these types of green card cases, priority...

02:25 / AOS/CP / AOS/CP (Family) / Consulates / For Employers / For Families / For Individuals / Immigrant Family / InfoArticle / NewsBrief / Visa Bulletin
20 Apr 2023

My husband entered in H1B status in October 2022, and his employer has not yet started a green card case for him. Is it possible for me to qualify for an H-4 EAD?

Answer In order to qualify for an H-4 EAD, the principal H1B spouse must either (1) be the beneficiary of an approved I-140, or (2) have extended H1B status beyond six years based on the American Competitiveness in the Twenty-First Century Act (AC21). If your husband's...

09:05 / Employment Based / FAQs / For Families / For Individuals / Immigrant Family / Nonimmigrant Family / Resident / Worker
13 Apr 2023

A few years ago, my U.S. citizen sister sponsored me for a family-based green card. Can I use that priority date for my EB3 case?

Answer No, unfortunately, you generally cannot use a priority date from a family-based case and apply it to an employment-based case. (13.Apr.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 here.  Copyright...

06:41 / Employment Based / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident
06 Apr 2023

I am on H1B and my wife is on L1A. Her company will be sponsoring her for a green card under the EB1 category as a multinational manager. Do I have to change to L-2 status in order to apply for a green card as her dependent?

Answer No, there normally is no need to be in L-2 status in order to apply for a green card as a dependent of one's spouse. (06.Apr.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click...

09:19 / Family Based / FAQs / For Families / Immigrant Family / L-2 Dependent / Nonimmigrant Family / Resident / Worker