24 Sep 2020

My PERM is approved, and my priority date is current in October, but my I-140 is still pending. Do I have to wait for the I-140 to be approved before I can file my I-485?

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...

17 Sep 2020

I have an I-485 pending and my employer just filed my H1B extension. If my I-485 is approved first, and then my H1B extension is approved, will that impact my green card?

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...

03 Sep 2020

I am a physician and have two years left to qualify for a waiver to my J-1 home residency requirement. I will soon be marrying a U.S. citizen. Do I still need to get the waiver before I can get a green card through my spouse?

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,...

26 Aug 2020

My husband’s H1B extension is pending, as is my H-4 extension. Do I have to wait for the H1B to be approved before applying for an H-4 EAD?

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...

20 Aug 2020

I saw that the September 2020 Visa Bulletin was just released, but there was almost no movement. Is there likely to be more movement next month?

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...

20 Aug 2020

My I-140 is approved, but I just received a good job offer in India. I would like to work there for at least a few years. Can I do that without abandoning my I-140?

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...