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13 May 2021

In order for me to qualify for an EB2 position with my current employer, I need to evidence my work experience with my previous employer, but my old employer will not give me an experience verification letter. Can I force them to give one to me?

Answer There is no requirement under immigration law that normally would force a former (or current) employer to provide you with an employer verification letter. However, there may be other options to evidence your previous work experience, such as affidavits from former co-workers.  (13.May.2021)Sheela Murthy and...

09:29 / Employment Based / FAQs / For Individuals / Resident / Worker
06 May 2021

I just became a U.S. citizen, and wish to sponsor my brother and mother for green cards. I understand the process for sponsoring siblings takes many, many years. Should I just sponsor my mother, and then, when she gets a green card, she can sponsor my brother?

Answer It is true that the family-based category is severely backlogged. But, if your brother is married, your mother would have to wait until she is a citizen to sponsor him. Even if he does not marry, the general recommendation would be to sponsor the sibling...

08:35 / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident
06 May 2021

If I travel from India to Mexico and stay there for two weeks, can I then enter the U.S.? Or would the travel ban still apply to me?

Answer The suspension of travel from India due to the pandemic only applies to people who were physically in India during the past 14 days. If a person travels to a third country, such as Mexico, for two weeks, the travel ban would not prevent that...

08:31 / Employment Based / Family Based / FAQs / For Employers / For Families / For Individuals / Immigrant Family / Nonimmigrant Family / Resident / Student / Travel / Worker
06 May 2021

My H1B is valid for another year, but I am not happy with my employer and wish to quit. I may apply for a change to F-1, or I may go to a school in Canada. If my employer revokes my H1B after I quit, will I still be eligible for the 60-day grace period?

Answer Yes, even if your employer withdraws the H1B petition, this will not prevent you from utilizing the 60-day grace period.  (06.May.2021)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...

08:26 / FAQs / For Individuals / Worker
28 Apr 2021

My 14-year-old daughter and I are green card holders, and I would like to apply for U.S. citizenship for both of us. Do I have to file a separate application for her, or is she included on my application?

Answer In order to file an N-400 application, the applicant typically must be at least 18 years old. However, depending on the circumstances, a minor may automatically acquire U.S. citizenship based on the naturalization of a parent. (29.Apr.2021)Sheela Murthy and other senior attorneys provide guidance that...

20:27 / Citizen / Family Based / FAQs / For Families / For Individuals / Immediate Relative / Immigrant Family / Resident
22 Apr 2021

I owe the IRS back taxes and have set up a payment plan to pay everything I owe. Will this cause my application for naturalization to be denied?

Answer Having a payment plan for back-taxes would not automatically prevent a form N-400 from being approved. Depending upon the circumstances, however, failure to report income or pay taxes may result in the USCIS finding that the applicant lacks the good moral character needed for naturalization....

11:05 / Citizen / FAQs / For Individuals / Resident
22 Apr 2021

My H1B extension was approved, but my wife’s H-4 and H-4 EAD applications are still pending. If I file a new I-539 and I-765 for her, will she have to do biometrics again?

Answer Generally speaking, a change of employer by the principal H1B spouse would not impact a pending H-4 or H-4 EAD, and would not necessarily require the filing of a new H-4 or EAD application. However, if a new application is filed, the USCIS may require...

11:01 / FAQs / For Families / For Individuals / H-4 Dependents / H1B / Nonimmigrant Family / Worker