18 Jun 2018

In July, my priority date will be current. My wife is pregnant, so we do not want to do medicals for her right now. Is it ok for me to submit my medicals, but have my wife delay submitting her medicals?

Answer Normally, in this situation, one would simply submit the I-485 without the medical exam, or submit the medical exam with a doctor's notation that some of the vaccinations could not be performed because of the pregnancy. This can be updated at a later date. (18.Jun.2018)In...

18 Jun 2018

Last time I entered the U.S., my I-94 date was cut short because my passport was expiring in a few months. I have now renewed my passport, but my I-94 will be expiring soon. Is there a way to update my I-94 now based on my new passport?

Answer If an I-94 is truncated because of a passport expiration, one normally would need to either travel outside the U.S. and return, or file an application or petition for extension of status before the I-94 expires. (18.Jun.2018)In frequent sessions of our Chat, Sheela Murthy and...

18 Jun 2018

An RFE was issued on my H1B petition, and another was issued on my wife’s H-4 application. Can we send both responses together in the same USPS or FedEx envelope?

Answer In general, yes, both should be sent in the same envelope to ensure they reach the combined files. (18.Jun.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click...

11 Jun 2018

My current I-94 is valid through 2020, but I have an H1B amendment pending because of a change of client. Can I travel out of country and return while the petition is still pending?

Answer There is older USCIS guidance that permits travel while an amendment is pending, as long as the H1B visa "stamp" and the original H1B approval are unexpired. In the current environment, however, it generally is safer to await the approval to avoid uncertainty at the...

11 Jun 2018

My current passport expires in two years. If I apply for a B-2 visitor visa stamp now, will the consulate still potentially approve it with a full ten-year validity period?

Answer A B-1/B-2 visa is normally issued for 10 years, even if the passport will expire sooner than that. One can travel with two passports after the original passport expires (i.e. the new passport and the expired passport that contains the unexpired visa stamp). (11.Jun.2018)In frequent...

11 Jun 2018

Can one have two I-140 petitions (one for EB2 and the other for EB3) pending at the same time? Will there be any RFE questioning the same?

Answer There normally is no particular reason that the USCIS would have concerns about two I-140 petitions in different classifications. An RFE is unlikely on this matter. (11.Jun.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in...

11 Jun 2018

I helped my mother apply for a B-2 visitor visa a few years ago. She has visited me a couple of times in Washington D.C. over the past few years. Now she wishes to visit my sister, who lives in California. Can she use the existing B-2 to fly into an airport in California? Or, does my sister have to sponsor them for a new B-2 visa?

Answer A B-2 visa is not "sponsored" by anyone. Once the visa is issued, it can be used to request admission for any valid B-2 purpose at any U.S. port of entry. (11.Jun.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance...

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