Answer No, there typically would be no need to wait. Under normal circumstances, if the priority date is current, it is possible to file an I-485 while the I-140 is still pending. (24.Sep.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information...
Answer Generally speaking, one must be in the United States in valid status to file an I-485. Otherwise, one typically would apply for an immigrant visa at a U.S. consulate.An I-485 is not used when applying for an immigrant visa at a consulate. Depending on the...
Answer UPDATE 2: The USCIS has changed its announcement, and is now allowing for use of the more-favorable dates for filing chart for employment based cases!UPDATE: The USCIS has now announced that only the less-favorable final action chart my be used for employment-based cases in October....
Answer No, the approved H1B extension should not impact one's green card. However, once the green card is issued, you should discuss the matter with your employer's legal team, as it may make sense to then withdraw the pending H1B petition. (17.Sep.2020) Sheela Murthy and other senior...
Answer Being in the U.S. in H1B would not normally impact the wait time or processing time. If the beneficiary is in the U.S. in H1B status when the priority date becomes current, it typically would be possible to apply for adjustment of status rather than...
Answer Generally speaking, a person's priority date is not current unless it is at least one day earlier than the final action date. (03.Sep.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more...
Answer Normally, in order to apply for a green card through a U.S. citizen spouse, one would still need to obtain the waiver to home residency requirement. (03.Sep.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services,...
Answer Assuming you meet all the other requirements for an H-4 EAD, it typically is possible to file the EAD application while the H1B and H-4 extensions are still pending. (26.Aug.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our...
Answer The new fiscal year starts on October 1, 2020, and with it, a new annual allotment of immigrant visas. Priority dates likely will advance in October, but we do not know yet how much movement there will be. (20.Aug.2020)Sheela Murthy and other senior attorneys provide...
Answer Generally speaking, leaving the U.S. would have no impact on the validity of the I-140 approval. It typically is permissible to be outside the U.S., even for an extended period of time, and then apply for the green card later, when the priority date becomes...
