26 Jun 2017

My U.S. citizen sibling is sponsoring me for a green card. Will the case go any faster because I am in the U.S. in H1B status?

Answer This has no effect on the wait time for an immigrant visa. In the family-based, fourth preference (FB4) category, the wait time will very likely be more than a decade. (26.Jun.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that...

22 May 2017

My daughter is in H-4 status, but she turns 21 in July. So, she is applying for a change to F-1. Meanwhile, I have a pending EB3 case. Will her moving to F-1 status prevent her from getting a green card as my dependent?

Answer Moving to F-1 status does not affect one's eligibility for the GC. Turning 21 might, however, if one is not protected under the Child Status Protection Act. This is a complicated question, and one should consult a qualified attorney in this regard. (22.May.2017)In frequent sessions...

28 Nov 2016

If the parent sponsor is not financially stable enough to sponsor her son by herself, can her daughter, who is a U.S. citizen, be both her employer and a co-signer?

Answer Any U.S. citizen or green card holder can be a "joint sponsor" for a family-based immigrant visa case. (28.Nov.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click...

10 Oct 2016

Can I start working after USCIS notification of EAD card production, but before receiving the physical card?

Answer This is generally not be possible, because one in this situation is normally unable to properly complete an I-9 form. (10.Oct.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat...

15 Aug 2016

I filed an application with the USCIS, but sent it to the wrong lockbox. Will the USCIS still adjudicate my case?

Answer Typically, the USCIS does not reroute a case sent to the wrong address. Rather, the USCIS typically rejects such cases and returns them to the applicants. (15.Aug.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in...

12 Oct 2015

I am a green card holder. If I file an I-130 for my spouse, can she still apply for any other nonimmigrant visa, such as H1B or F-1, while the GC case is in process?

Answer The H1B nonimmigrant category has dual intent. Thus, the I-130 filing does not impact the H1B. While a person can always apply for F-1 even after the I-130 filing, that category requires nonimmigrant intent. Therefore, the I-130 could be a cause for denial of the...