Answer The H-4 visa application does not require that the H1B spouse have an up-to-date H1B visa "stamp." The H-4 application simply requires showing proof of the marriage and proof of the spouse's valid H1B status. (19.Oct.2015)In frequent sessions of our Chat, Sheela Murthy and other...
Answer The H1B nonimmigrant category has dual intent. Thus, the I-130 filing does not impact the H1B. While a person can always apply for F-1 even after the I-130 filing, that category requires nonimmigrant intent. Therefore, the I-130 could be a cause for denial of the...
Answer A permanent resident can petition for a spouse. These cases fall under FB2A and have a wait time for visa number availability. The affidavit of support isn't needed until the visa number becomes available and the I-485 can be filed. In some marriage-based cases, the...
Answer Not likely until the child reaches 21. At 21, a USC child could sponsor his/her parents for their green cards. Beyond that, there are limited situations in immigration law in which a child under 21 can assist with immigration issues. (e.g., Waiver or other extraordinary...
Answer No, a person can only have one status at a time. It is possible to have both an H1B and an H-4 visa "stamp" in one's passport; but, not to be in both H1B and H-4 status at the same time. It might be best...
Answer If the marriage occurs BEFORE getting the GC, then the spouse is eligible as a derivative beneficiary in the GC case. The case would be filed as a "follow to join." The F2A case would not be required (although in some situations, with retrogression, it...
