07 Aug 2024

I applied for naturalization based on three years of marriage to my U.S. citizen spouse. Do I still need to list my travel history for the last 5 years on the N-400 application?

Answer No, in this situation, you only need to list your travel history for the last 3 years. (07.Aug.2024)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 © 2024, MURTHY...

31 Jul 2024

I saw the announcement that the master’s cap was reached, but that the USCIS would be holding a second lottery for the regular cap. My case was filed for the master’s cap. Does that mean my case won’t be eligible for the second lottery?

AnswerGenerally speaking, if a case was filed in the master's cap but not selected, it is then placed in the lottery for the regular cap. Now, with a second lottery being conducted for fiscal year 2025 cap cases, both the regular and master's cap cases...

24 Jul 2024

My employer filed an I-140 for me, which is currently pending. I have only spent about 60 days in total in the U.S. since the I-140 was filed. Is there a rule that I must complete at least 180 days in the U.S. in order for the I-140 to be approved?

Answer No, there is no minimum amount of time you must be in the U.S. before an employer may file an I-140 for you, or before the I-140 can be approved. In fact, there is no requirement that the individual be in the U.S. at all...

24 Jul 2024

I applied for the 24-month STEM OPT extension and it is still pending. However, I recently was laid off from my employment and received a new job offer from another company. Can I inform USCIS that I changed employers? Am I still eligible for STEM OPT approval?

Answer As long as your new employer is registered with E-Verify and the new job offer is for at least 20 hours per week, you should have a new Form I-983 completed with your new employer and provide it to your DSO. This should enable the...

24 Jul 2024

I have been a green card holder for nearly ten years, and my green card will expire in a few months. I am finally going to apply to become a U.S. citizen. Do I need to also submit an application to renew my green card while I wait for my naturalization case to be approved?

Answer There probably is no need to file a separate application to renew your green card. After filing an application for naturalization (form N-400), the USCIS will issue a receipt notice that automatically extends the validity of one's existing green card for 24 months. (24.Jul.2024)Sheela Murthy...

17 Jul 2024

My H1B visa is valid through 2026, but my Indian passport expires in three months. Can I still use it to enter the U.S., or does the passport have to be valid for at least six months?

Answer Generally speaking, an Indian passport may be used to request admission to the U.S., through the expiration date of the document. However, the I-94 issued at the U.S. port of entry likely will be issued only through your passport expiration date.  (17.Jul.2024)Sheela Murthy and other...