09 Nov 2023

I filed my I-140 in the EB1(c) category using premium processing, and an RFE was issued within 20 days of filing. The RFE was very simple, so I responded almost immediately. Does that mean the USCIS has to issue a decision within 45 days of the date I filed the I-140?

Answer No, for an EB1(c) petition filed using premium processing, the USCIS has 45 calendar days to take action on one's case. When the RFE was issued, an action was taken. When you responded to the RFE, the clock was restarted, and the USCIS now has...

02 Nov 2023

I would like to self-sponsor my I-140 in EB2 based on an NIW, and am willing to pay for premium processing. Do I need to wait 12 years to get the result due to backlogs in EB2 India category?

Answer No, you can use premium processing to get the result of the I-140 petition relatively quickly. If it is approved, you just will not be able to use it for purposes of applying a form I-485 adjustment of status application (or an immigrant vias application...

26 Oct 2023

I previously worked in the U.S. in H1B status, and now work as a manager in India. My company is planning on transferring me to the U.S. as a manager. If I come to the U.S. in H1B status, can I still apply for a green card under the EB1(c) category? Or, do I need to enter in L1A status to qualify for EB1(c)?

Answer There is no need to be in L1A status in order to be sponsored for an EB1(c) multinational executive or manager position. Assuming you meet the requirements, it is possible to be in H1B status and have the employer file a petition for you under...

12 Oct 2023

My L1A petition was recently approved. My employer is not filing my EB1(c) petition, based on the same foreign managerial position and the same U.S. managerial position. Does the L1A approval mean it is very likely the EB1(c) will be approved?

Answer On paper, the requirements for the L1A category and the EB1(c) category are extremely similar. In practice, the USCIS tends to adjudicate the EB1(c) category using a higher standard, as it is requesting a permanent benefit. So, while having an L1A petition approved certainly is...

12 Oct 2023

My friend and I are both in H1B status and are thinking of investing in a hotel together. We then want to use that investment to apply for green cards through the EB5 category. Is that possible?

Answer If two or more EB5 investors wish to invest in the same project, the investment must be made through a regional center. (12.Oct.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more...

21 Sep 2023

After being laid off from my H1B position, I filed an application to change status to B-1. Due to a personal emergency however, I missed my biometrics appointment. Does that mean my application will automatically be denied?

Answer If you do not take care of your biometrics appointment, your case eventually will be denied. Fortunately, you may be able to reschedule. Call the USCIS Contact Center at 800-375-5283, be prepared to provide evidence of the emergency, and hopefully they will exercise discretion and...

21 Sep 2023
14 Sep 2023

At the end of 2021, I filed an EB5 case based on an investment of $500,000 in a regional center located in a rural area. My I-526 is still pending. Can I now make an additional $400,000 investment so that I fall under the new EB5 rural category? And would this allow me to then file my I-485, since that EB5 category is current?

Answer No. What you are proposing generally would not work. If you wish to fall under one of the new EB5 sub-categories (e.g., EB5 set aside; rural), you would need to make a new $900,000 investment and then file an I-526 petition (or I-526E petition, if...

14 Sep 2023

I am a U.S. citizen but have been living in India for several years. I am soon getting married to an Indian citizen. Can I sponsor her for a green card, even though I don’t live in the U.S.?

Answer Generally speaking, a U.S. citizen living abroad may sponsor their spouse for a green card, as long as they plan to move to the U.S. once the immigrant visas are issued. (14.Sep.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information...