06 Nov 2017

I filed my naturalization application a number of months ago and am now just waiting for my interview. My green card will expire in April. If my interview is not scheduled before then, do I have to renew my green card?

Answer One in this situation generally can make an Infopass appointment at the local USCIS office and get a temporary "green card" stamp in their passport. Filing a new I-90 normally would not be necessary. (06.Nov.2017)In frequent sessions of our Chat, Sheela Murthy and other senior...

30 Oct 2017

I am in L1A status and have almost completed my max of 7 years. I have an approved I-140. Based on that, can I move to H1B status once my 7 years is completed?

Answer Time spent in L1A status generally counts against the 6-year max for H1B time. An approved I-140 cannot be used to extend L1A status beyond the 7-year max, but can be used to extend H1B status beyond the standard 6-years allowed.That being said, the approved...

23 Oct 2017

I have an approved I-140 for an EB2 case with a November 2011 priority date. Can I transfer this priority date to a family-based case?

Answer Unfortunately, the priority date from an employment-based case cannot be ported to a family-based case. Any family-based petition would be issued a brand new priority date. (23.Oct.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in...

02 Oct 2017

I was not selected in the H1B lottery, but my STEM OPT is valid for another year. Can my employer start my green card case, even though I am not on H1B?

Answer The "green card" process can typically be started at any time, regardless of one's current nonimmigrant status. (02.Oct.2017)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...

11 Sep 2017

I got my green card almost two years ago through my U.S. citizen spouse. We are now going through a divorce. Can I file my I-751 petition to remove conditions while the divorce is pending?

Answer USCIS memoranda permit the filing of the I-751 'waiver' application as soon as the divorce is filed. The USCIS will eventually issue a request for evidence for the final divorce decree, which is needed prior to approval. (11.Sep.2017)In frequent sessions of our Chat, Sheela Murthy...