25 Aug 2022

I am in H1B status and am being laid off. The company will continue to pay my salary for three months as part of a severance package. Will my 60-day grace period start after I receive the last paycheck?

Answer The 60-day grace period generally starts at the cessation of employment, not on the date the last check is issued. (24.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 FAQs here.  Copyright...

18 Aug 2022

I have an approved I-140 from my previous employer. The priority date has been current for more than one year. My current employer is in the process of filing a PERM LC for me. Can I still keep the old priority date?

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...

10 Aug 2022

When I entered the U.S. in L-2 status in 2020, I applied for an EAD. Now that I am authorized to work based on being in L2S status, is there any benefit to applying to extend my EAD?

Answer There does not seem to be much benefit to having an EAD based on one's L2S status. When the policy was announced, granting work authorization to L-2 dependent spouses incident to their status, the EAD was useful while waiting to obtain an I-94 updated with...

10 Aug 2022

A few months ago, my husband and I were issued green cards based on his approved I-140. While our I-485 applications were pending, we separated. Our divorce is now close to being finalized. Will this put my green card in jeopardy?

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...

10 Aug 2022

I am a U.S. citizen and wish to sponsor my sister for a green card. Her employer recently filed an I-140 on her behalf. Will my case impact her I-140?

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...