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26 Jun 2024

I received the following text message today, claiming to be from the USCIS: ” Green Card applicants who receive a request for Form I-693 should return it as soon as possible by overnight, priority, or courier delivery.” Is this a legit message? 

Answer We have a number of clients who have received such messages. We can't 100 percent confirm that these messages came from the USCIS, but we strongly suspect that they are legitimate. Regardless, it does not change our advice. If a person has a pending I-485...

12:13 / FAQs / For Individuals / Resident / USCIS News
19 Jun 2024

I am a derivative child in a family-based case that was filed for my mother. My mother’s case is current on the dates for filing chart, and the National Visa Center has accepted our documents. Now, we’re waiting for the interview and for the date to become current on the final action chart. Is my age locked in now under the Child Status Protection Act?

Answer Unfortunately, no. Age is not locked in under the CSPA based on having a case pending at the consulate under the dates for filing chart. A child can still age out under these circumstances.  (19.Jun.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the...

09:31 / Consulates / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident
19 Jun 2024

I am applying for a visitor visa and my brother in the U.S. offered to fill out an affidavit of support for me. Will that improve my chance of approval?

Answer If you have enough funds to cover the cost of your trip on your own, we typically recommend against submitting an I-134 affidavit of support when applying for a B-1/B-2 visa application.  (19.Jun.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...

09:28 / B-1 / B-2 / FAQs / For Families / For Individuals / Nonimmigrant Family / Travel / Visitor
12 Jun 2024

I was laid off from my H1B position. I got an offer, but the company says their only education requirement is a bachelor’s degree in any field. Is this sufficient for an H1B filing?

Answer In order to qualify for an H1B position, the minimum requirements generally must include at least a minimum of a bachelor's degree in a particular field. If a position will accept a bachelor's degree in any field, it normally will not qualify as an H1B...

16:01 / FAQs / For Employers / For Individuals / Worker
12 Jun 2024

I am a Mexican citizen working as a mechanical engineer on a TN visa. My current job is coming to an end next month, but I received an offer for another mechanical engineer position. Do I have to go back to a consular post in Mexico to apply?

Answer No. In order to apply for a change in employer as a TN worker, the employer may file a petition with the USCIS, or, if the TN visa in your passport is still valid, it typically is possible to apply in person at a U.S....

15:59 / FAQs / For Employers / For Individuals / Worker
12 Jun 2024

I am in H1B status, and my wife had been in H-4 status. We recently discovered that, when she last entered the U.S., her I-94 was shorted based on her passport expiration date, so actually has been out of status for the past several months. We are working to resolve her issues. In the meantime, though, will her status violation impact my H1B extension of future green card case?

Answer No. A status violation by one spouse normally will not have a direct impact on the other spouse's H1B or green card case. (12.Jun.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access...

15:55 / FAQs / For Families / For Individuals / H-4 Dependents / H1B / Nonimmigrant Family / Worker
05 Jun 2024

When I was a green card holder, I sponsored my adult, unmarried daughter for a green card. I have since become a U.S. citizen. If my daughter marries, can her pending case be converted to the married daughter category?

Answer Unfortunately, no. If your daughter marries now, the family-based, second preference "B" (FB2B) case you filed for her would no longer be approvable. Instead, generally, you would have to start from scratch with a family-based, third preference (FB3) case. (05.Jun.2024)Sheela Murthy and other senior attorneys...

12:37 / Citizen / Family Based / FAQs / For Families / Immigrant Family / Resident
05 Jun 2024

A couple of years ago, I ported the priority date from my previous employer’s I-140 to the I-140 filed by my new employer. My old employer recently contacted me, and I am considering a move back to them. Would they have to re-file my PERM and I-140 because I ported the priority date?

Answer Requesting retention of a priority date does not void or otherwise invalidate the original I-140. If the previous employer did not withdraw the I-140, and if the position being offered to you is the same, it is possible that the same I-140 still could be...

12:32 / Employment Based / FAQs / For Employers / For Individuals / Resident