The U.S Citizenship and Immigration Services (USCIS) has extended the suspension of the biometrics requirement for certain I-539 applicants through September 30, 2023. The prior policy had suspended the biometrics requirement through May 17, 2023. Biometrics Suspension to Aid in Processing Backlogs Prior to May 17, 2021,...
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...
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...
The U.S. Department of State (DOS) recently published a final rule in the Federal Register to raise fees charged by U.S. consulates for many categories of nonimmigrant visas. The cost for border crossing cards for citizens of Mexico is also going up. These fee increases...
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...
On March 28, 2023, the U. S. District Court for the District of Columbia held that the program that allows certain H-4 spouses to apply for employment authorization documents (EADs) was lawfully promulgated. Save Jobs USA, an organization of U.S. workers had challenged the H-4...
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...
Answer Sorry, but there is no new law that allows all H-4 spouses to work. I believe you may have been confused by the recent news regarding a lawsuit challenging the legality of the H-4 EAD program. As expected, the court determined that the H-4 EAD...
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...
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...
