Answer For I-485 purposes, the birth certificate is the more important document. One should be able to file if the birthplace listed on the birth certificate is accurate. The passport should be corrected at some point, but it is of secondary importance. (27.Nov.2017)In frequent sessions of...
Answer One who has an approved H1B petition and received an H1B visa 'stamp' normally is considered to be "counted against the cap" and should be able to file with another employer at any time. There is no time limitation in this case. (27.Nov.2017)In frequent sessions...
Answer Normally, filing a family-based case would have no impact on a pending employment-based case. Both cases could continue, but each would have a separate priority date. (i.e. The priority date from an EB case cannot be used for an FB case, and vice versa.) (20.Nov.2017)In...
Answer In general, once a visa petition is used to obtain permanent residency (a "green card"), it cannot be reused. A brand new I-130 or I-140, with a new priority date, typically would have to be filed to reapply for the green card. (20.Nov.2017)In frequent sessions...
Answer Typically, one can continue working on an approved, un-revoked H1B if one's change-of-employer H1B is denied, unless the USCIS specifically makes a determination that one is "out of status" and is required to depart the U.S. (20.Nov.2017)In frequent sessions of our Chat, Sheela Murthy and...
Answer This has never been completely clear. Some attorneys are of the opinion that approval of a cap-subject H1B petition (as long as it is not revoked before October 1st) means that one is counted against the cap. However, the Immigration and Nationality Act talks about...
… When I came to the U.S. and started my program, I realized that I would need to continue with my program for an extra semester to complete my degree requirements. However, I did not apply for an extension of my program with my DSO...
Answer In general, if a green card is issued in an employment-based case, a subsequent divorce would have no impact on the GC. (13.Nov.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details...
Answer Gifted money is acceptable. One would need a "gift letter" verifying that repayment is not required or expected, and one will need to be able to demonstrate in great detail how the person who provided the gift acquired the money. Also, if any gift tax...
Answer Generally speaking, being denied issuance an H1B visa would not prevent a person from qualifying for an H-4 visa. (13.Nov.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation,...
