Answer A person can only have one nonimmigrant status at any given time. (10.Apr.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, click here.Access more FAQs here. Copyright © 2017,...
Answer There is no family-based category for a lawful permanent resident to sponsor a sibling for a green card. A U.S. citizen may sponsor a sibling but, due to backlogs in this category, the process will likely take a minimum of ten years. (10.Apr.2017)In frequent sessions...
Answer The USCIS can inquire whether one has "lawfully" obtained permanent residence - in other words, whether there was any fraud or legal error during the green card process. In rare circumstances, such incidents can prevent naturalization, or even result in loss of one's GC status....
... When I received my degree, my school was accredited by a nationally recognized accrediting agency, but it later lost its accreditation. My employer wants to file my H1B petition for the October 1st start date. Can they file it under the master’s cap, or...
Answer Being a Canadian permanent resident generally would not have a direct impact on one's green card. However, there are actions one may take, such as primarily living and working outside the United States, that can lead to a green card being revoked. (03.Apr.2017)In frequent sessions...
Answer No, the recent memo from the USCIS is simply saying that entry-level computer programmers do not automatically meet the definition of a "specialty occupation;" so, the burden is on the petitioning employer to demonstrate why the particular position they are offering still qualifies, even if...
Answer The guidance in the new memorandum applies to all H1B petitions. (03.Apr.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, click here.Access more FAQs here. Copyright © 2017, MURTHY...
Answer Generally speaking, an I-485 applicant becomes a permanent resident upon the approval of the I-485. In that situation, a pending application to change status to H-4 becomes moot. Nothing needs to be done, as that application should ultimately be denied by the USCIS for that...
... My employer is filing an H1B petition this week for the October 1st start date. If my STEM OPT application is denied while my H1B petition is still pending, how will this affect my ability to continue living and working in the U.S. until...
Answer There is a memorandum that specifically permits one to enter the United States by presenting a valid H1B visa "stamp" and the receipt notice for the H1B extension or amendment. Given the uncertainty in the current climate, however, this should probably not be relied upon...
