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16 Feb 2023

I am in the U.S. on B-1/B-2. A few years ago, my sister, who is a U.S. citizen, sponsored me for an FB4 green card. My priority date will not be current for a number of years. Can I ask USCIS to expedite my case so that I can file an I-485 now and wait in the U.S. until the priority date becomes current?

Answer It generally is not possible to file an I-485 application based on an I-130 petition when the priority date is not current. While the USCIS has the ability to expedite the processing of an I-130 petition, the ability to apply for adjustment of status in...

08:24 / Family Based / FAQs / For Families / Immigrant Family / Resident / Visitor
09 Feb 2023

My brother is a partner in a U.S. company. Can that company file a PERM case for me? Would the fact that a family member owns part of the company increase the chances of it being denied?

Answer If the sponsoring company is owned by someone related to the foreign national being sponsored, that definitely can lead to a denial in a PERM case. In order for the case to be approved in that situation, the employer must be able to demonstrate that...

10:22 / Employment Based / FAQs / For Employers / For Individuals / Resident
09 Feb 2023

I am in H-4 status and my I-94 expires in 4 months. I am applying for an extension of status, but my passport expires later this year. Can the USCIS approve my extension beyond the passport validity date?

Answer Ordinarily, yes. The shortened passport generally is an issue at the port of entry, where it will result in a short-duration I-94 (tied to the passport validity). But the USCIS typically can grant an extension of status beyond the expiration date of the passport.  (09.Feb.2023)Sheela...

10:13 / FAQs / For Families / For Individuals / Nonimmigrant Family / Worker
09 Feb 2023

I am in H1B status and have an approved I-140. If I move to H-4 status and work on an EAD, will that have a negative impact on my green card case?

Answer A change from H1B to H-4 typically would have no impact on the I-140.  (09.Feb.2023)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 © 2023, MURTHY LAW FIRM. All...

10:07 / Employment Based / FAQs / For Families / For Individuals / Nonimmigrant Family / Resident / Worker
02 Feb 2023

I have less than one year of H1B time remaining, but the USCIS recently approved my H1B extension for three years. Am I allowed to remain in H1B status for the extra two years?

Answer The USCIS has been known to occasionally approve an H1B for a longer duration than is legally allowed. As a general rule, one should not rely on a USCIS error, as the USCIS generally will not consider themselves bound by their own mistakes. Assuming you...

16:33 / FAQs / For Employers / For Individuals / Worker
26 Jan 2023

I have a valid H-4 visa stamp in my passport. I am applying for an H1B stamp in a few weeks. If the H1B stamp is denied, can I still travel to the U.S. on my H-4 stamp?

Answer If an H1B visa ‘stamp’ application is denied, one would ordinarily be able to continue using an existing H-4 visa stamp. However, consulates do occasionally cancel valid visas, even though they are not required to do so. (19.Jan.2023)Sheela Murthy and other senior attorneys provide guidance...

17:00 / FAQs / For Families / For Individuals / Immigrant Family / Travel / Worker
26 Jan 2023

After completing my master’s degree in Computer Engineering, I worked on OPT for a while, and then switched to H1B. If I enroll in an MBA program now, will I be eligible for OPT again after I graduate?

Answer A person typically qualifies for a new period of OPT after each educational level. The "master's" period of OPT would be exhausted after completing the Computer Engineering degree. So, a new period of OPT would not be available based on the completion of an MBA...

16:52 / FAQs / For Individuals / Student