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 spouse is listed in the I-140. (04.Nov.2025)Sheela Murthy and other senior...
Answer The legacy Immigration and Naturalization Service (INS) previously indicated that an H1B worker is entitled to the same leave as the company’s other employees, including benefits under the FMLA and/or the employer’s maternity or parental leave policies. (04.Nov.2025)Sheela Murthy and other senior attorneys provide guidance...
Answer Yes, the H1B position still has to be a specialty occupation, even if you will be employed by your own company. You can spend some of the time performing duties directly related to owning and directing the business, but you still must perform specialty occupation...
Answer No, the $100,000 fee would not apply to an F-1 student, if the H1B is approved as a change of status. (23.Oct.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs...
Answer Ordinarily, yes, the priority date from any I-140 petition filed for an EB1, EB2, or EB3 case can be applied for any other EB1, EB2, or EB3 case filed for the same beneficiary. (23.Oct.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law....
Answer We have heard this claim many times, but we have not seen any evidence to support the contention that an H1B petition (or any other type of petition) has a greater risk of denial because premium processing was requested. (23.Oct.2025)Sheela Murthy and other senior attorneys...
Answer If you are maintaining valid L-1 status and have an unexpired L-1 visa stamp in your passport, you generally may travel internationally while your I-485 application is pending. The only issue with such travel typically would be that, if you also applied for advance parole...
Answer Yes. Ordinarily, the case will remain in the premium processing track until it is approved or denied. The USCIS normally will issue a final decision – or, less likely, issue a second RFE or a notice of intent to deny (NOID) – within 15 business...
Answer Yes, we expect that this executive order will be challenged in federal court, and it seems more likely than not that a federal court will rule this order is not enforceable. (30.Sep.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information...
Answer It is no wonder you are confused. The guidance posted has been incredibly vague and confusing. There is reason to believe that current H1B workers are exempt from the fee. But, until the USCIS issues clear rules on when the fee applies, we cannot say...
