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 am in H1B status, and I urgently need to travel overseas. My petition is valid for two more years, but my H1B visa stamp expires in a couple of months. If I return a few weeks before the visa expires, will that be a problem?

Answer So long as the visa "stamp" is still valid at the time the person requests admission in H1B status, the immigration officer at the port of entry generally has discretion to admit the person through the expiration date of the H1B petition (or the expiration...

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...

10 Sep 2020

I was laid off from my H1B job, but my employer will pay me severance pay for the next 4 weeks. When does my 60-day grace period start?

Answer Assuming you otherwise qualify, the 60-day grace period normally would start upon the termination of employment. Payment of severance pay typically would not factor into this determination. (10.Sep.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online...

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

I have an approved H1B petition, but am stuck in India and am subject to the executive order. I do not believe I qualify for any of the exceptions. However, I do have a B-1 visa. Can I enter on B-1 and then change to H1B?

Answer A person may not normally enter the U.S. on a B-1 visa with the intention of changing status to H1B. (26.Aug.2020)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...