29 Aug 2022

DOS Update on U.S. Visa Services at Embassies and U.S. Consular Posts

On August 10, 2022, the U.S. Department of State (DOS) shared a briefing where Ms. Julie M. Stufft, Deputy Assistant Secretary for Visa Services in the Bureau of Consular Affairs, discussed the status of immigrant and nonimmigrant visa processing at U.S. embassies and consulates around...

22 Aug 2022

Changing from Adjustment of Status to Consular Processing

For most types of immigrant petitions, such as a family-based petition for an alien relative (form I-130) or an employment-based petition for an alien worker (form I-140), the petitioner must indicate whether the foreign national beneficiary will be applying for adjustment of status (form I-485)...

10 Aug 2022

When I entered the U.S. in L-2 status in 2020, I applied for an EAD. Now that I am authorized to work based on being in L2S status, is there any benefit to applying to extend my EAD?

Answer There does not seem to be much benefit to having an EAD based on one's L2S status. When the policy was announced, granting work authorization to L-2 dependent spouses incident to their status, the EAD was useful while waiting to obtain an I-94 updated with...

10 Aug 2022

A few months ago, my husband and I were issued green cards based on his approved I-140. While our I-485 applications were pending, we separated. Our divorce is now close to being finalized. Will this put my green card in jeopardy?

Answer Generally speaking, as long as the couple is legally married at the time the green card is issued, getting divorced after the green card is issued would not impact the validity of that green card. (10.Aug.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies...

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...