09 Mar 2023

I was born in India and have an I-140 pending in the EB2 category. I recently married a woman who was born in Sri Lanka. Can we file I-485 applications based on her country of birth?

Answer Yes, in most situations, it is possible to be charged against a spouse's country of birth when applying for a green card. This is known as cross-chargeability. The fact that the marriage took place after the I-140 was filed typically would not impact a person's...

09 Mar 2023

Ten years ago, when I became a U.S. citizen, I filed an I-130 petition for my sister. She has now gotten married. Do I need to file a separate I-130 for her husband?

Answer In the family-based preference categories, the spouse and/or minor children of the primary beneficiary may also benefit from the single-petition filing. Normally, there is no need to file a separate petition for these family members. (09.Mar.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies...

09 Mar 2023

I am in H1B status and my employer just filed a PERM LC for me. Am I allowed to travel while this case is pending?

Answer Ordinarily, travel has no impact on a pending or approved PERM LC.  (09.Mar.2023)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 © 2023, MURTHY LAW FIRM. All Rights Reserved...

23 Feb 2023

While my father was visiting me on B-2, I sponsored him for a green card. Both the I-130 and I-485 are pending. Can he travel back to India and then return on his B-2, or does he need to first get an advance parole document?

Answer Typically, if a person in B-2 status travels while an I-485 is pending, the I-485 is considered abandoned unless the individual has a valid AP document. (23.Feb.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services,...

16 Feb 2023

I am in the U.S. on B-1/B-2. A few years ago, my sister, who is a U.S. citizen, sponsored me for an FB4 green card. My priority date will not be current for a number of years. Can I ask USCIS to expedite my case so that I can file an I-485 now and wait in the U.S. until the priority date becomes current?

Answer It generally is not possible to file an I-485 application based on an I-130 petition when the priority date is not current. While the USCIS has the ability to expedite the processing of an I-130 petition, the ability to apply for adjustment of status in...

09 Feb 2023

My brother is a partner in a U.S. company. Can that company file a PERM case for me? Would the fact that a family member owns part of the company increase the chances of it being denied?

Answer If the sponsoring company is owned by someone related to the foreign national being sponsored, that definitely can lead to a denial in a PERM case. In order for the case to be approved in that situation, the employer must be able to demonstrate that...

09 Feb 2023

I am in H1B status and have an approved I-140. If I move to H-4 status and work on an EAD, will that have a negative impact on my green card case?

Answer A change from H1B to H-4 typically would have no impact on the I-140.  (09.Feb.2023)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 © 2023, MURTHY LAW FIRM. All...

19 Jan 2023

I am a U.S. citizen and am sponsoring my mother for a green card. Her case is being processed through the U.S. Embassy in Mumbai. Is she allowed to visit on her B-2 visa while the case is pending?

Answer Having a pending green card case does not prevent a person from requesting admission in B-2 status. However, there generally is an increased risk of being denied admission based on immigrant intent. (19.Jan.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...