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31 Mar 2026

I am from India and getting ready to file for adjustment of status. I do not have a birth certificate from India. Can get a birth certificate from the Indian Embassy in the United States. Will this be enough?

AnswerA birth certificate issued by an Indian Embassy typically does not meet the birth document criteria for adjustment-of-status purposes. However, it can be considered secondary evidence to supplement deficient primary birth documents. (31.Mar.2026)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...

09:09 / Employment Based / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident
24 Mar 2026

I have a pending I-485 application for adjustment of status and decided not to renew my H1B and to switch to my EAD. Am I still in an immigration status?

Answer A pending I-485 application alone does not grant an immigration status but instead places the applicant in a period of authorized stay, which means the applicant can be present in the United States without accruing unlawful presence. (25.Mar.2026)Sheela Murthy and other senior attorneys provide guidance...

22:51 / Employment Based / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Nonimmigrant Family / Resident / Worker
11 Feb 2026

I am a green card holder and wish to file for naturalization. However, I took a trip of more than six months to India within the last 5 years. Will this be an issue? 

Answer While an absence of between 6-12 months is not necessarily a breach in residency for naturalization purposes, USCIS is increasingly scrutinizing absences of this length.  (11.Feb.2026)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click...

06:14 / Employment Based / Family Based / FAQs / For Individuals / Resident / Travel
04 Feb 2026

I am a manager at a large multinational company in the U.S. I used to work as a manager abroad, but it was for an unrelated company. Can I file for EB1(c) as a multinational manager?

Answer Unfortunately, to qualify for the EB1(c) category, one must have worked as a manager or executive for a company related to the U.S. petitioner. (03.Feb.2026)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here....

07:21 / Employment Based / FAQs / For Individuals / Resident / Worker
27 Jan 2026

My H1B visa stamping appointment was rescheduled, so I am stuck in India for a number of months. Also, my PERM was just approved. Does my employer need to wait for me to be back in the U.S. before filing the I-140?

Answer No, there generally is no requirement that the beneficiary be in the U.S. at the time the I-140 is filed. (27.Jan.2026)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...

17:55 / Employment Based / FAQs / For Employers / For Individuals / Resident / Worker
14 Jan 2026

I need to get an English translation of a document that I am submitting to the USCIS. Do I need to pay for an official translation for this to be usable with the USCIS?

Answer Per regulation, “Any document containing foreign language submitted to USCIS shall be accompanied by a full English language translation which the translator has certified as complete and accurate, and by the translator’s certification that he or she is competent to translate from the foreign language...

07:17 / Employment Based / Family Based / FAQs / For Employers / For Families / Immigrant Family / Resident
06 Jan 2026

I was recently scheduled for an interview regarding my pending I-485. My co-workers who already have employment-based green cards were never asked to go for an interview. Is this a cause for concern?

AnswerThe USCIS is now requiring in-person interviews for the vast majority of I-485 applicants. So, the fact that you have been scheduled for an interview, is not unusual and does not necessarily mean there’s cause for concern. As for your co-workers, this interview requirement is...

18:37 / Employment Based / FAQs / For Individuals / Resident / USCIS News
30 Dec 2025

I have an approved I-140 and my priority date will be current in January. I am temporarily working abroad and do not expect to return to the U.S. for a few months. Can I apply for my green card from here?

Answer In order to file an application to adjust status (form I-485), you must be in the U.S. at the time of filing. And, depending on the circumstances, it may be necessary to remain in the U.S. until and unless one obtains an advance parole (AP)...

17:08 / Employment Based / FAQs / For Individuals / Resident / Travel