20 Aug 2020

I saw that the September 2020 Visa Bulletin was just released, but there was almost no movement. Is there likely to be more movement next month?

Answer The new fiscal year starts on October 1, 2020, and with it, a new annual allotment of immigrant visas. Priority dates likely will advance in October, but we do not know yet how much movement there will be. (20.Aug.2020)Sheela Murthy and other senior attorneys provide...

20 Aug 2020

My I-140 is approved, but I just received a good job offer in India. I would like to work there for at least a few years. Can I do that without abandoning my I-140?

Answer Generally speaking, leaving the U.S. would have no impact on the validity of the I-140 approval. It typically is permissible to be outside the U.S., even for an extended period of time, and then apply for the green card later, when the priority date becomes...

13 Aug 2020

My H1B extension was just denied, but I still have a few weeks left before I hit the 240-day mark from the date my I-94 expired. Can I stay in the U.S. based on this?

Answer The 240-day rule deals with employment authorization, and only applies so long as the H1B extension is still pending. It does not provide a grace period after the case has been denied. Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information...

13 Aug 2020

The PERM filed by my current employer was denied, and the appeal is now pending with BALCA. Can a different employer file another PERM case for me while the appeal is still pending?

Answer Yes, it normally is possible to have one employer file a PERM case for you, while another PERM is under appeal through a different employer. Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here....

13 Aug 2020

My H-4 change of status application is currently pending with the USCIS. Can I apply for an H-4 EAD now, or do I need to wait for the H-4 to be approved?

Answer Assuming you otherwise qualify for an H-4 EAD, it generally is possible to apply for the EAD while a change of status to H-4 is pending. Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click...

06 Aug 2020

I applied for a change of status to B-2, but just realized that I forget to include the check for the biometrics fee. Will the USCIS issue an RFE for this fee, or will they just deny it?

Answer If the correct filing fee(s) are not included with an application or petition, the USCIS typically will reject the filing and return the entire package to the applicant or petitioner. Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our...

06 Aug 2020

My parents are in the U.S. in B-2 status, and their I-94s are scheduled to expire in two weeks. Their flight back to India was cancelled and it may be a month or two before they can leave. Do we have to pay the fees to file an extension of status, even though this is out of their control? Are there any automatic extensions being provided due to the pandemic?

Answer Even though this is out of their control, if they do not leave the U.S. or apply for an extension of status prior to the expiration date on their I-94s, they will fall out of status and begin to accrue unlawful presence. There have not...

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,...