12 Oct 2015

I am a green card holder. If I file an I-130 for my spouse, can she still apply for any other nonimmigrant visa, such as H1B or F-1, while the GC case is in process?

Answer The H1B nonimmigrant category has dual intent. Thus, the I-130 filing does not impact the H1B. While a person can always apply for F-1 even after the I-130 filing, that category requires nonimmigrant intent. Therefore, the I-130 could be a cause for denial of the...

28 Sep 2015

I am considering filing my I-485 even though I am not eligible based on the revised visa bulletin. What’s the worst that could happen? If it gets rejected, would I be able to file in the future using the same I-140?

Answer If the case is filed prematurely and rejected, this would not prevent the I-140 from being used again for a later I-485 filing. The worst that could happen, other than wasting money and effort, is either (a) the case is wrongly accepted and denied later...