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14 Aug 2024

I have an approved I-140 and my I-485 has been pending for more than 180 days. I understand that I am allowed to port my case to a same-or-similar position. Is this allowed for a position where I would be self-employed?

Answer Yes, if the position meets the standard AC21 requirements, it is feasible to port one's case to a position that involves self-employment. Before doing so, however, it probably would be a good idea to discuss this with an attorney. (14.Aug.2024)Sheela Murthy and other senior attorneys...

06:28 / Employment Based / FAQs / For Individuals / Resident
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...

07:48 / Citizen / Family Based / FAQs / For Families / For Individuals / Resident / Travel
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...

04:46 / FAQs / For Employers / For Individuals / H1B / USCIS News / Worker
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...

07:40 / Employment Based / FAQs / For Employers / For Individuals / Resident / Travel
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...

07:37 / FAQs / For Individuals / Student
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...

07:29 / Citizen / FAQs / For Individuals / Resident