Answer Unlike most nonimmigrant visa categories, the H1B category allows for dual intent. Therefore, a pending (or approved) family-based green card case normally would not impact a person's ability to apply for H1B status. (05.Oct.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law....
Answer Although there is a process for requesting that a petition be expedited, this would be for the USCIS to adjudicate a particular case. Unfortunately, the USCIS cannot "expedite" a priority date becoming current. (05.Oct.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law....
Answer Ordinarily, a person may remain in the United States in a period of authorized stay based on a pending I-485 application. So, generally speaking, there is no requirement for the individual to maintain valid status while waiting for the green card to be issued.That being...
Answer The USCIS generally cannot approve an I-485 if the priority date of the underlying I-140 is no longer current. Therefore, if your wife's case is not approved before October 1st, it likely will remain pending until the date becomes current again (or some other action...
Answer No, unfortunately, it normally is not possible to transfer a family-based priority date to an employment-based case (or vice versa). (01.Sep.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here. Copyright...
Answer Having a pending I-485 would not automatically prevent a person from applying for a change of status to F-1. But, the USCIS would likely deny the F-1 application based on immigrant intent. (24.Aug.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...
Answer Yes, the fact that you did not file an I-485 based on the old I-140 within one year normally would not impact your ability to retain the priority date. (18.Aug.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our...
Answer Generally speaking, as long as the couple is legally married at the time the green card is issued, getting divorced after the green card is issued would not impact the validity of that green card. (10.Aug.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies...
Answer No, filing an I-130 petition on behalf of one's sibling typically would have no impact on that person’s pending or approved I-140. (10.Aug.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more...
Answer When the USCIS issues an RFE for medicals on a pending I-485 application, that may be an indication that the case is close to being approved. We tend to see this a lot as we approach the end of the fiscal year (i.e., September 30th).That...
