11 Mar 2019

Could I qualify for an EB2 national interest waiver (NIW) based on having a doctorate in management?

Answer A person can self-petition for an NIW based on the performance of work that substantially benefits the national interests of the United States. A doctorate, in and of itself, normally would not make one eligible. (11.Mar.2019)In frequent sessions of our Chat, Sheela Murthy and other...

11 Mar 2019

I applied for my H-4 EAD last month, and now I need to fly back to India for a short trip. Will that impact my pending EAD?

Answer One needs to be in the U.S. to file for H-4 EAD. However, travel after filing should not affect the processing. (11.Mar.2019)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on...

04 Mar 2019

I am a U.S. citizen and filed an I-130 petition for my mother, which was just approved. Can my mother come to the U.S. now on her B-1/B-2 visa, and then file her I-485?

Answer Generally speaking, no, this is not permitted. Entering the U.S in B-1/B-2 status with the preconceived intention to file for adjustment of status is considered to be fraudulent by the government. You may want to consult with an attorney to determine how best to proceed....

04 Mar 2019

When I filed my first H1B petition, I only had a bachelor’s degree in computer science. I have since completed a master’s degree in computer science. Can I include it when I file for my H1B extension?

Answer One could reference a subsequently obtained master's degree in an H1B extension. However, this would generally not provide any particular benefit, unless one had been moved to a position that requires a master's degree. (04.Mar.2019)In frequent sessions of our Chat, Sheela Murthy and other senior...

25 Feb 2019

I have a pending I-485 based on my approved I-140, and am working based on an EAD. If I lose my current job, but have a valid job offer for a similar position with another employer, can I stay in the U.S.? Does it matter that I have not yet joined the new employer?

Answer Actual employment is not required for purposes of a pending I-485. Technically, all that is required is an offer of future employment, and the applicant must intend to start the new position once the green card is issued. (25.Feb.2019)In frequent sessions of our Chat, Sheela...