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 A GC holder generally can file an I-130 petition in the family-based, second preference "A" category for a spouse. The timing of this process depends upon the priority date movement. The case cannot be finalized until the PD is current. If the category wasn't backlogged,...
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...
Answer A permanent resident can petition for a spouse. These cases fall under FB2A and have a wait time for visa number availability. The affidavit of support isn't needed until the visa number becomes available and the I-485 can be filed. In some marriage-based cases, the...
Answer Nothing happens automatically to the PERM/I-140 at the six-year H1B point. Assuming the employer still supports the case, the PERM and I-140 can be approved, even if one is out of H1B time. And, of course, it may be possible to use the pending...
