18 Mar 2019

I filed an application to change status from H-4 to F-1. Can I file a change of status to H1B while the other application is still pending?

Answer Although it is possible to have more than one change-of-status application pending at the same time (seeking different visa classification), it is not possible to hold more than one nonimmigrant status at the same time. The USCIS follows the last-action rule, whereby the last action...

18 Mar 2019

My I-485 was denied because I was laid off while the application was still pending. If I find a new employer to sponsor me, can I retain the same priority date?

Answer Yes, as long as the I-140 was not revoked for cause or fraud / misrepresentation, one in this situation should be able to keep the I-140 priority date. (18.Mar.2019)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the...

11 Mar 2019

Could I qualify for an EB2 national interest waiver (NIW) based on having a doctorate in management?

Answer A person can self-petition for an NIW based on the performance of work that substantially benefits the national interests of the United States. A doctorate, in and of itself, normally would not make one eligible. (11.Mar.2019)In frequent sessions of our Chat, Sheela Murthy and other...

11 Mar 2019

I applied for my H-4 EAD last month, and now I need to fly back to India for a short trip. Will that impact my pending EAD?

Answer One needs to be in the U.S. to file for H-4 EAD. However, travel after filing should not affect the processing. (11.Mar.2019)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on...

04 Mar 2019

I am a U.S. citizen and filed an I-130 petition for my mother, which was just approved. Can my mother come to the U.S. now on her B-1/B-2 visa, and then file her I-485?

Answer Generally speaking, no, this is not permitted. Entering the U.S in B-1/B-2 status with the preconceived intention to file for adjustment of status is considered to be fraudulent by the government. You may want to consult with an attorney to determine how best to proceed....