23 Jul 2020

I had been working in H1B status, but I came to India in February, and I have been stuck here for months due to the pandemic. My H1B employer has now laid me off, but my H1B visa and petition are still valid. Can I travel to the U.S. in H1B to look for a new employer?

Answer No, generally speaking, a person may not enter the U.S. in H1B status unless that person is coming to work for the H1B petitioning employer. (20.Jul.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click...

23 Jul 2020

My sister is a U.S. citizen. If she sponsors me for a green card, can I use the form I-130 to extend my H1B status beyond the 6-year max?

Answer No, one may not use a pending or approved I-130 petition as a basis to extend H1B status. (20.Jul.2020)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 © 2020,...

23 Jul 2020

I have applied to become a U.S. citizen and am just waiting to be sworn in. Once I become a citizen, how long do I have to wait to sponsor my parents for green cards?

Answer Ordinarily, a U.S. citizen who is at least 21-years-of-age is permitted to sponsor their parents for green cards. Once the naturalization process is complete, there is no requirement that the person wait any period of time before initiating this process. (20.Jul.2020)Sheela Murthy and other senior...

15 Jul 2020

My H1B cap case was filed for consular processing, and it was approved last week. My F-1 OPT expires next month. Is there a way to move to H1B status without having to leave the U.S.?

Answer One in this situation could attempt to have the company file an H1B petition, requesting a change of status to H1B. However, there are some legal issues to this strategy that first should be discussed with a qualified attorney. (13.Jul.2020)Sheela Murthy and other senior attorneys...

15 Jul 2020

When is the absolute last point in time that a spouse can join on I-485 for employment-based green card?

Answer To be included as a "dependent" on an employment-based I-485 petition, one must be MARRIED before the lead applicant receives approval of the I-485. (13.Jul.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here....

08 Jul 2020

In the current situation, is premium processing time affected? Is the turnaround for premium processing the same as before?

Answer Premium processing time appears to be unaffected presently. However, given the current uncertainty regarding USCIS funding, it is unclear how long this will continue. (06.Jun.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here....

08 Jul 2020

My mother’s I-94 is expiring July 14, 2020. Due to the uncertainty of COVID, I have applied for her extension and have received the receipt notice from the USCIS. Does this mean she can stay here until it is safe for her to return home or we hear the result?

Answer In general, when one has timely filed for an extension of status, one is permitted to remain in the United States until a decision is received from USCIS. This is considered to be a period of "lawful" stay. (06.Jun.2020)Sheela Murthy and other senior attorneys provide...