06 Aug 2020

I applied for a change of status to B-2, but just realized that I forget to include the check for the biometrics fee. Will the USCIS issue an RFE for this fee, or will they just deny it?

Answer If the correct filing fee(s) are not included with an application or petition, the USCIS typically will reject the filing and return the entire package to the applicant or petitioner. Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our...

06 Aug 2020

My parents are in the U.S. in B-2 status, and their I-94s are scheduled to expire in two weeks. Their flight back to India was cancelled and it may be a month or two before they can leave. Do we have to pay the fees to file an extension of status, even though this is out of their control? Are there any automatic extensions being provided due to the pandemic?

Answer Even though this is out of their control, if they do not leave the U.S. or apply for an extension of status prior to the expiration date on their I-94s, they will fall out of status and begin to accrue unlawful presence. There have not...

23 Jul 2020

I had been working in H1B status, but I came to India in February, and I have been stuck here for months due to the pandemic. My H1B employer has now laid me off, but my H1B visa and petition are still valid. Can I travel to the U.S. in H1B to look for a new employer?

Answer No, generally speaking, a person may not enter the U.S. in H1B status unless that person is coming to work for the H1B petitioning employer. (20.Jul.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click...

23 Jul 2020

My sister is a U.S. citizen. If she sponsors me for a green card, can I use the form I-130 to extend my H1B status beyond the 6-year max?

Answer No, one may not use a pending or approved I-130 petition as a basis to extend H1B status. (20.Jul.2020)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 © 2020,...

23 Jul 2020

I have applied to become a U.S. citizen and am just waiting to be sworn in. Once I become a citizen, how long do I have to wait to sponsor my parents for green cards?

Answer Ordinarily, a U.S. citizen who is at least 21-years-of-age is permitted to sponsor their parents for green cards. Once the naturalization process is complete, there is no requirement that the person wait any period of time before initiating this process. (20.Jul.2020)Sheela Murthy and other senior...

15 Jul 2020

My H1B cap case was filed for consular processing, and it was approved last week. My F-1 OPT expires next month. Is there a way to move to H1B status without having to leave the U.S.?

Answer One in this situation could attempt to have the company file an H1B petition, requesting a change of status to H1B. However, there are some legal issues to this strategy that first should be discussed with a qualified attorney. (13.Jul.2020)Sheela Murthy and other senior attorneys...

15 Jul 2020

When is the absolute last point in time that a spouse can join on I-485 for employment-based green card?

Answer To be included as a "dependent" on an employment-based I-485 petition, one must be MARRIED before the lead applicant receives approval of the I-485. (13.Jul.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here....

08 Jul 2020

In the current situation, is premium processing time affected? Is the turnaround for premium processing the same as before?

Answer Premium processing time appears to be unaffected presently. However, given the current uncertainty regarding USCIS funding, it is unclear how long this will continue. (06.Jun.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here....