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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
06 Apr 2023

I am on H-4 and my registration was selected in this year’s lottery. I will be traveling to India soon to visit family. Do I have to be in the United States when the H1B petition is filed?

Answer While it is possible to file an H1B petition while the beneficiary is outside the United States, the case would have to be filed for consular notification (also commonly called "consular processing"). If the case is filed for consular notification, the USCIS will not approve...

09:10 / Consulates / FAQs / For Employers / For Families / For Individuals / Nonimmigrant Family / Travel / USCIS News / Worker
30 Mar 2023

I am on H-4 and do not have an EAD. My registration was selected in the lottery. Is it possible for the employer to request a start date earlier than October 1, 2023?

Answer No. Ordinarily, the earliest start date that can be requested for an H1B cap case is October 1st, which is the first day of the new fiscal year. (30.Mar.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...

09:19 / FAQs / For Employers / For Families / For Individuals / Nonimmigrant Family / Worker
23 Mar 2023

My husband and I are both on H1B. I am applying for change to H-4 and an H-4 EAD. What happens if the H-4 is approved before the EAD?

Answer Once the change of status is approved, assuming it has an immediate start date, the H-4 dependent typically would need to stop working until the EAD is issued. In practice, however, when an H-4 and H-4 EAD are filed together, it appears the USCIS normally...

08:52 / FAQs / For Families / For Individuals / H-4 Dependents / Nonimmigrant Family / Worker
22 Mar 2023

April 2023 Visa Bulletin

Today, the U.S. Department of State (DOS) released the April 2023 Visa Bulletin. All cutoff dates listed refer to those in the final action chart (i.e., Chart A), unless otherwise specified. Visa Bulletin Summary Employment-Based, First Preference (EB1) Category There is no movement in the EB1 category, with...

15:57 / EB5 Investor / Employment Based / Family Based / For Employers / For Individuals / Immigrant Family / Investor / NewsBrief / Resident / Visa Bulletin
09 Mar 2023

I was born in India and have an I-140 pending in the EB2 category. I recently married a woman who was born in Sri Lanka. Can we file I-485 applications based on her country of birth?

Answer Yes, in most situations, it is possible to be charged against a spouse's country of birth when applying for a green card. This is known as cross-chargeability. The fact that the marriage took place after the I-140 was filed typically would not impact a person's...

08:10 / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident
09 Mar 2023

Ten years ago, when I became a U.S. citizen, I filed an I-130 petition for my sister. She has now gotten married. Do I need to file a separate I-130 for her husband?

Answer In the family-based preference categories, the spouse and/or minor children of the primary beneficiary may also benefit from the single-petition filing. Normally, there is no need to file a separate petition for these family members. (09.Mar.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies...

08:05 / Family Based / FAQs / For Families / Immigrant Family / Resident