25 Jun 2018

I got my green card through my employer 9 months ago. I now have a lucrative job offer from another company. Will my GC be at risk if I move to a new employer now?

Answer A person who receives an employer-sponsored "green card" is generally advised to remain with the sponsoring employer for at least six months to avoid possible allegations of misrepresentation during the naturalization process. Generally, changing after this time period would be relatively safe. (25.Jun.2018)In frequent sessions...

25 Jun 2018

I applied for an H1B visa stamp in India, but the consulate sent it for administrative processing, which has been pending for about a month. Now I have a job offer from a different employer. Can I transfer my H1B to new company and go for stamping once the new petition gets approved?

Answer It normally would be possible to schedule a new interview based on the new approved H1B petition. One likely would be required to withdraw the pending visa application, however. (25.Jun.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies...

18 Jun 2018

In July, my priority date will be current. My wife is pregnant, so we do not want to do medicals for her right now. Is it ok for me to submit my medicals, but have my wife delay submitting her medicals?

Answer Normally, in this situation, one would simply submit the I-485 without the medical exam, or submit the medical exam with a doctor's notation that some of the vaccinations could not be performed because of the pregnancy. This can be updated at a later date. (18.Jun.2018)In...

18 Jun 2018

Last time I entered the U.S., my I-94 date was cut short because my passport was expiring in a few months. I have now renewed my passport, but my I-94 will be expiring soon. Is there a way to update my I-94 now based on my new passport?

Answer If an I-94 is truncated because of a passport expiration, one normally would need to either travel outside the U.S. and return, or file an application or petition for extension of status before the I-94 expires. (18.Jun.2018)In frequent sessions of our Chat, Sheela Murthy and...

18 Jun 2018

An RFE was issued on my H1B petition, and another was issued on my wife’s H-4 application. Can we send both responses together in the same USPS or FedEx envelope?

Answer In general, yes, both should be sent in the same envelope to ensure they reach the combined files. (18.Jun.2018)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...

11 Jun 2018

My current I-94 is valid through 2020, but I have an H1B amendment pending because of a change of client. Can I travel out of country and return while the petition is still pending?

Answer There is older USCIS guidance that permits travel while an amendment is pending, as long as the H1B visa "stamp" and the original H1B approval are unexpired. In the current environment, however, it generally is safer to await the approval to avoid uncertainty at the...