15 Jan 2025

I have an interview scheduled for today at a local USCIS field office, but it snowed last night. How do I know if the interview has been postponed?

Answer The USCIS normally lists field office and Application Support Center closures on its USCIS Office Closing webpage. (15.Jan.2025)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 © 2025, MURTHY...

02 Jan 2025

A few weeks after I was arrested for driving while intoxicated, I received an eMail from the consulate saying that my H1B visa had been revoked. Do I need to leave the U.S. now?

Answer The prudential revocations of a visa due to a DUI only impacts the visa “stamp,” not a person’s status.That being said, please see our MurthyDotCom InfoArticle, Alcohol-Related Arrests Create Immigration Problems (29.Dec.2023), which summarizes some of the key problems that can be created by one...

24 Dec 2024

My brother is a U.S. citizen, and he filed a green card case for me a number of years ago. Can I port that priority date to my I-140?

Answer Unfortunately, no, you normally cannot use the priority date on a family-based case for an employment-based case. (24.Dec.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...

18 Dec 2024

I have been in H1B status for nearly six years, and I have a PERM case filed by Company A that has been pending for more than 365 days. Can Company B file an H1B petition for me requesting status beyond six years using the PERM filed by Company A?

Answer Yes. Generally, any employer may file an H1B for you requesting status in 1-year increments as long as the PERM filed by the other company remains pending. (17.Dec.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online...

11 Dec 2024

I am a U.S. citizen and wish to sponsor my 20-year-old unmarried daughter for a green card. I understand that, based on her age and marital status, she still qualifies as an immediate relative, but what happens if she turns 21 while the case is pending?

Answer You are correct that, because she is under 21 and unmarried, you can sponsor her as an immediate relative. This means she is not subject to the visa bulletin, and she will remain classified as an immediate relative while the case is pending, as long...

11 Dec 2024

I am a physician working in underserved area in order to waive my J-1 home residency requirement. I recently married a U.S. citizen. Do I have to complete my J-1 waiver process before my U.S. citizen husband can file the I-130 petition for me?

Answer Generally speaking, there is no need to complete the J-1 waiver requirement before the U.S. citizen spouse files the I-130 petition. (11.Dec.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...

04 Dec 2024

My employer recently filed an I-140 for me. I am currently single. If I later get married, how to add my spouse to my green card case?

Answer You do not need to add your spouse to your pending or approved I-140. When you are eventually eligible to file your I-485 adjustment-of-status application, or file for an immigrant visa at a consular post, you will be able to include your spouse at that...