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...

27 Nov 2024

I have a pending I-485, and recently filed a Supplement J based on my move to a new employer. Do I need to file anything for my wife’s I-485?

Answer Assuming your wife's I-485 was filed based as your dependent, normally nothing would need to be filed for your spouse in this situation. (26.Nov.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access...

27 Nov 2024

I don’t have my birth certificate from my home country. What alternate documents will U.S. immigration officials accept for birth documentation for my green card case?

Answer The U.S. Department of State’s visa reciprocity schedule lists civil documents, such as birth and marriage certificates, that are acceptable alternative documents based on one's country of birth. (26.Nov.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...

27 Nov 2024

After working in India for several years as a manager, my employer transferred me to its U.S. subsidiary in H1B status. For the company to sponsor me for EB1(c), do I have to move to L1A status, first?

Answer No, there is no requirement that you be in L1A status for your employer to sponsor you for an EB1(c) position. If you meet the requirements for EB1(c), whether you are in H1B or L-1 status generally has little-to-no impact. (26.Nov.2024)Sheela Murthy and other senior...

20 Nov 2024

I want to use my spouse’s country of birth as the basis for my I-485 filing. However, she is going to be applying for consular processing. Can that be done?

Answer Unfortunately, no, this is not generally possible. For you to use cross chargeability, you and your spouse typically must pursue your green cards using the same process. So, either you must both apply for adjustment of status, or you must both apply for consular processing....

20 Nov 2024

I am filing a marriage-based case, and was told I should open a joint bank account as proof of a valid marriage. However, my spouse does not yet have a Social Security Number, so we cannot yet open a joint bank account. Will this create a problem with the I-130 petition?

Answer When filing a marriage-based I-130 petition, the petitioner must show that there is a bona fide marital relationship. A joint bank account or other evidence of financial comingling is often good evidence. But, if that is not available, other evidence can be used. (19.Nov.2024)Sheela Murthy...

06 Nov 2024

Can an employer sponsor me using the PERM process for a position that does not require a college degree?

Answer Yes, the types of recruitment will be different, but you can use the PERM process to sponsor a foreign national for a nonprofessional position. (05.Nov.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here....

31 Oct 2024

After going through the lottery, I worked in H1B status for nearly five years. I then left the U.S. for a couple of years. I now found an employer willing to file an H1B for me. I do not have an approved I-140. If a company sponsors me for an H1B position now, has my H1B clock reset?

Answer In order to be eligible for a new six-year period of H1B time, one generally would need to be outside the U.S. for at least one year, and then go through the H1B lottery again.A person is generally allowed to use any remaining H1B time,...

23 Oct 2024