Answer Things are rather chaotic right now. October is the first month of a new fiscal year, so final action (FA) dates WILL move within the next 12 months. What is unknown is how much they will move and precisely when. We are hoping that the...
Answer When filing an I-485, it is important to be able to show that one has maintained status since last entering the U.S. People often include more of their immigration history than that, but the legal requirement is from the last entry. In employment-based I-485 cases,...
Answer Yes, the USCIS now allows the filing of the I-485 without an I-693. The USCIS typically then requests the medicals via a request for evidence (RFE). At the Murthy Law Firm, we generally recommend that our clients include the I-693 at the time of filing,...
Answer The answer depends, in part, upon how long the I-140 was pending, as that is part of the CSPA calculation. There are unanswered questions about the impact of the DF chart on the CSPA - but the starting point would be to calculate his CSPA...
Answer The dependent spouse can remain in H-4 status as long as the primary applicant remains in H1B status. The filing of the I-485 doesn't change the H-1/H-4 status, unless the I-485 for the primary gets approved OR the primary starts working on the EAD. (21.Sep.2015)In...
Answer If your priority date is current, you can file the I-485 application and apply for advance parole travel authorization at the same time. (This, of course, is assuming that the job offer is still valid, etc.) You must wait for the AP to be approved...
Answer If you are referring to eligibility to file the I-485 application based on the priority dates on the visa bulletin, the USCIS goes by country of birth, not country of citizenship. (31.Aug.2015)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance...
Answer Yes, a company can start a GC for someone on F-1/OPT. This does not disrupt the F-1/OPT status. But, for people from India, it is normally going to be necessary to change into H1B or some other work authorized status at some point to bridge...
Answer The GC case is company-specific and job-specific. So, if the case is only at the I-140 stage, the case will end when the job and/or job offer ends. The H1B can be extended via a new employer based upon the I-140 / no visa number...
Answer The spouse is automatically eligible as a derivative in an employment-based GC case, without regard to the spouse's status. The spouse doesn't have to be "added" to the I-140 or I-485. It is an automatic eligibility, and the spouse just needs to file the...
