10 Aug 2022

I am a U.S. citizen and wish to sponsor my sister for a green card. Her employer recently filed an I-140 on her behalf. Will my case impact her I-140?

Answer No, filing an I-130 petition on behalf of one's sibling typically would have no impact on that person’s pending or approved I-140. (10.Aug.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more...

04 Aug 2022

If I get a U.S. master’s degree while in H-4 status, would that make me eligible for next year’s H1B master’s cap, or do I have to be in F-1 status to qualify?

Answer If you earn a U.S. master's degree from a qualifying university, you normally would qualify for the master's cap. There is no requirement that a person be in F-1 status while attending the school in order to qualify for the master's cap. (03.Aug.2022)Sheela Murthy and...

04 Aug 2022

USCIS Extends Flexibilities Related to the COVID-19 Pandemic

The U.S. Citizenship and Immigration Services (USCIS) has announced two accommodations being made related to the COVID-19 pandemic. First, the USCIS again has extended the response time flexibility, initially announced on March 20, 2020. Second, the USCIS has made permanent the policy that allows all...

20 Jul 2022

I was in H-4 status based on my father’s H1B. I have been studying in university and, shortly before I turned 21, I filed an application to change to F-1 status. That application is still pending, and it appears I may graduate before my F-1 is approved. Can I transfer to a master’s program based on the pending F-1 change of status application?

Answer No, unfortunately, it typically is not possible to update a pending F-1 change-of-status application based on a new program of study. Assuming you have already turned 21 (and therefore are no longer eligible for H-4 status through a parent), filing a new application to change...

13 Jul 2022

I filed an application to extend my H-4 status shortly before my I-94 expired. However, the USCIS rejected the package because I forgot to include the filing fee check. The rejection noticed indicated that I am allowed to reapply. If I refile now, does that mean the new filing will be considered as having been filed on time?

Answer No, if the refiling is done after one's I-94 has expired, that application will not be considered to have been timely filed. When the USCIS rejects a package, they typically include a form notice that indicates the person may be eligible to reapply. However, this...

07 Jul 2022

My company filed an I-140 petition for me, which is still pending. I plan on getting married to a green card holder next month. After we are married, can my wife file an I-130 for me, or would I need to first withdraw the I-140?

Answer Ordinarily, having a pending or approved I-140 would not impact a person's ability to be the beneficiary of an I-130 petition. There typically would be no need to withdraw the I-140 petition. (06.Jul.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...

07 Jul 2022

I need to file to extend my H-4 status and the H-4 status of my son. My son is turning 21 next year, so he is only eligible for about 10 months of H-4 time. Is it ok to file his application as an I-539A supplement with my I-539 application?

Answer It is normally possible to file a dependent child's H-4 extension as an I-539A, along with the parent's I-539. However, the USCIS typically will issue the same I-94 expiration date for all the H-4 applicants, included in the I-539 and I-539A/s. So, in a case...