16 Sep 2021

My son will turn 21 in November. However, my family and I will be eligible to file our I-485s in October based on the dates for filing chart. Will this protect my son from aging out?

Answer Unfortunately, filing an I-485 based on the dates for filing chart (i.e., Chart B) does not automatically protect a child from aging out. However, the fact that your child turns 21 while the I-485 is pending does not necessarily mean he will age out. Rather,...

16 Sep 2021

My I-140 was approved more than 180 days ago, and I then moved to a new employer. The company that filed my I-140 will soon be acquired by a larger entity. Will this acquisition prevent me from extending H1B status beyond 6 years?

Answer Ordinarily, an acquisition of the company that filed the I-140 would not impact the beneficiary's ability to continue to extend H1B status based on that approved I-140. (16.Sep.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online...

09 Sep 2021

Several years ago, my U.S. citizen sister sponsored me for a green card. I now have an employer starting the PERM process for me. Do I need to withdraw the I-130 filed by my sister?

Answer Ordinarily, being sponsored by a family member for a green card would not impact an employer's ability to sponsor you. (09.Sep.2021)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...

19 Aug 2021

I filed my I-485 and, after 180 days, I started looking for a new job. Shortly before I was made an offer by a new employer, my I-485 was approved. Can I still port to the new position?

Answer Generally speaking, once the I-485 has been approved, it is no longer possible to port to a same / similar position pursuant to AC21. As discussed in the MurthyDotCom NewsBrief, Changing Employers After Receiving Employment-Based Green Card (09.Aug.2021), there may be risks associated with leaving...

11 Aug 2021

I read that there is a new process to obtain a Social Security Number (SSN) based on an I-485 application. I filed my I-485 a few weeks ago. Can I use that to get an SSN?

Answer It is true that the USCIS has now implemented a process so that one may apply for a Social Security Number as part of the I-485 application process. However, it appears this option is only available for I-485 applications that have not yet been filed....

04 Aug 2021

I filed my H-4 and H-4 EAD extensions with my husband’s H1B extension. His extension was approved through 2024, but my applications are still pending. I recently traveled and was issued a new I-94 valid through 2024 when I returned. Can I update the USCIS with my new I-94? Will it speed up the processing of my EAD?

Answer The USCIS does not appear to have an official policy on this. Anecdotally, however, we have had cases where we have provided an updated I-94 to the USCIS while the form I-765 application for employment authorization was pending. For at least some of those cases,...

29 Jul 2021

I am in the U.S. visiting my brother, who is a U.S. citizen. If my brother sponsors me for a green card, can I stay in the U.S.?

Answer A U.S. citizen who is at least 21 years old typically can sponsor a sibling for a green card under the family-based, fourth preference (FB4) category. However, the pending or approved I-130 petition does not provide any immediate immigration benefits. Rather, one would need to...

22 Jul 2021

My daughter is a U.S. citizen who will turn 21 next year. She lives with me and her father in Singapore. Can she sponsor us for green cards when she turns 21, or does she have to move to the U.S. first?

Answer Generally speaking, a U.S. citizen living abroad may sponsor her parents for green cards when she turns 21, as long as she plans on moving to the U.S. once the immigrant visas are issued. (On occasion, we have seen consulates require the U.S. citizen child...

15 Jul 2021

I have a pending I-485 and a valid advance parole (AP) document. I need to travel to India. Am I subject to the COVID travel ban, or can I use the AP to return to the U.S.?

Answer In the list of exceptions to the COVID-related travel ban, there is no mention of individuals with AP. This presumably means that a person with an AP must obtain a national interest exception (NIE) in order to return to the U.S.Based on anecdotal reports, it...