Answer This generally is taking 3-4 months. (22.Jan.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click here.Access more FAQs here. Copyright © 2018, MURTHY LAW FIRM. All Rights Reserved...
Answer A change of status to F-1 will sometimes be approved in this situation. However, a denial is a distinct possibility, because the I-140 indicates "immigrant intent," which is inconsistent with F-1 status. (22.Jan.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide...
Answer It is important to understand that the H-4 EAD is still available. We have not yet even seen a formal proposal to eliminate it - all we have is an indication that such a regulation is being written. It may never be released. If it...
Answer Such a proposal has been introduced in Congress, and has been promoted by the Trump Administration. It does not appear to have much support at this time, and passage seems unlikely. (18.Dec.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance...
Answer There is no way to tell. Unfortunately, the USCIS has been very stingy in allowing utilization of the DF chart, especially for employment-based cases. (11.Dec.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time....
Answer Assuming the person otherwise qualifies for an H-4 EAD, one generally may file an EAD application while the I-539 is still pending. A copy of the I-539 receipt notice should be included with the EAD application. (27.Nov.2017)In frequent sessions of our Chat, Sheela Murthy and...
Answer For I-485 purposes, the birth certificate is the more important document. One should be able to file if the birthplace listed on the birth certificate is accurate. The passport should be corrected at some point, but it is of secondary importance. (27.Nov.2017)In frequent sessions of...
Answer Normally, filing a family-based case would have no impact on a pending employment-based case. Both cases could continue, but each would have a separate priority date. (i.e. The priority date from an EB case cannot be used for an FB case, and vice versa.) (20.Nov.2017)In...
Answer In general, once a visa petition is used to obtain permanent residency (a "green card"), it cannot be reused. A brand new I-130 or I-140, with a new priority date, typically would have to be filed to reapply for the green card. (20.Nov.2017)In frequent sessions...
Answer In general, if a green card is issued in an employment-based case, a subsequent divorce would have no impact on the GC. (13.Nov.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details...
