14 Jan 2019

My EB3 I-140 is approved and my I-485 is pending. Is leisure travel / vacation outside the U.S. allowed using my advance parole (AP) document?

Answer Yes, generally there are no restrictions on traveling based on AP while one has a pending I-485. (14.Jan.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 chat participation, click here.Access...

14 Jan 2019

After my I-140 was approved, I got divorced. I have since remarried. Can I add my new wife to the I-140?

Answer There is no need to "add" one's wife to the I-140 in this situation. When the priority date is current, both spouses generally are eligible to file their I-485 applications, regardless of whether the current spouse is listed in the I-140. (14.Jan.2019)In frequent sessions of...

14 Jan 2019

I have an approved EB2 I-140 and my I-485 is pending. If I file an EB1 I-140, would that adversely impact my EB I-140 or pending I-485?

Answer In general, filing another I-140 would have no impact on an already approved petition. If the EB1 petition is approved, it could be "interfiled" into the pending I-485 and likely would reduce the waiting time for I-485 approval. (14.Jan.2019)In frequent sessions of our Chat, Sheela...

07 Jan 2019

I am applying for U.S. citizenship. On the N-400 application, do I have to disclose a speeding ticket? If so, do I need to bring a copy of the ticket to my interview?

Answer In general, traffic citations should be disclosed on the N-400. It generally would not be necessary to provide a copy of the ticket, if it is just a moving violation. DUI or other more serious offenses always require court documents. (07.Jan.2019)In frequent sessions of our...

07 Jan 2019

I filed an application to change status from H1B to H-4, and the application is still pending. I just received a new job offer. Can I go back to H1B and start working in the new position?

Answer If one's H1B I-94 has not yet expired, this may be possible, depending upon the circumstances. However, this is a complex question, so one in this situation should talk to a qualified attorney for individualized advice. (07.Jan.2019)In frequent sessions of our Chat, Sheela Murthy and...

07 Jan 2019

I am in H-4 status and my I-94 is valid through March 2020. My husband just moved to a new employer, and his H1B I-94 is valid through December 2021. Do I need to file a new I-539 because of his change of employer?

Answer H-4 status is not tied to a particular employer, so one in this situation normally would not be required to file an extension. However, it is important to keep track of the different expiration dates, to avoid accidental overstays. (07.Jan.2019)In frequent sessions of our Chat,...

17 Dec 2018

I am in H-4 status, and am about to graduate with a master’s degree from an online university that is public and accredited. Can I qualify to file an H1B under the master’s cap?

Answer One who has received a master's degree or above from a nonprofit, accredited university normally would be eligible to file under the "master's cap." This applies, even if all the credits are taken through online courses. (There is a strict limit on the number of...