14 May 2020

I was laid off last month, but my employer is paying my salary for an additional 30 days. Does my 60-day grace period start on the day of my last paycheck?

Answer Normally, if a person is eligible for a 60-day grace period, it starts upon the cessation of employment. The date one's last paycheck is issued does not control. (14.May.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...

14 May 2020

My mother is in B-2 status and her I-94 is about to expire. I filed an extension for her last week, but it is still pending. What happens if her extension is not approved before her I-94 expires?

Answer Normally, if an application to extend B-2 status is timely filed, the applicant remains in a period of authorized stay while the application is pending. (14.May.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click...

07 May 2020

My H1B registration was selected in the lottery. I am having trouble getting all the documents I need for the H1B petition due to the COVID-19 situation. Has the USCIS extended the deadline for when we need to file the H1B petition?

Answer No, the USCIS has not extended this deadline. Cases selected in the registration lottery must be filed within the period indicated on the registration selection notice (which, for most people, is June 30, 2020). (07.May.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the...

07 May 2020

I was laid off from my H1B job a few weeks ago, so I filed for a change of status to B-2. I now have a new company willing to sponsor me for an H1B position. Can I start working as soon as the petition is filed?

Answer If you are still within your 60-day grace period, you generally could start working for the new employer upon the filing of the H1B change-of-status petition. The fact that you filed an application to change status to B-2 should not impact your eligibility, assuming it...

30 Apr 2020

My fiancée and I were supposed to get married at a court for a civil wedding, but the courthouse is closed due to the pandemic. We have now found a priest who can perform the ceremony and sign the marriage certificate. Will the USCIS consider this a legal wedding?

Answer Generally speaking, as long as the marriage is recognized under your state's laws as a legal marriage, that is sufficient for immigration purposes. (29.Apr.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access...

30 Apr 2020

I understand that the USCIS has temporarily suspended all premium processing during the pandemic. If I file an H1B petition now, and premium processing is reimplemented while my case is pending, can I then upgrade my case to premium?

Answer Yes, ordinarily, one can "upgrade" a case to premium processing at any time (assuming that the case otherwise is eligible for premium processing.) (29.Apr.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access...

30 Apr 2020

I have a green card and went to India in Nov ’19, planning on spending about five months with my family. But, with the ongoing outbreak, it seems I will be here for more than six months. Will this put my green card in jeopardy?

Answer Depending on the circumstances, if a lawful permanent resident, or "green card holder," takes an extended trip abroad, this can be interpreted to mean that the person has abandoned his or her residency in the United States. There is a presumption of abandonment when one...

23 Apr 2020

I have an approved I-140 through my employer. However, I was recently laid off, and I fear the company my close entirely. If it does, will this impact my I-140?

Answer If the company closes, the beneficiary of an approved I-140 normally still would be able to retain the priority date. Further, unless the employer withdraws the I-140 within fewer than 180 days of its having been approved, it normally still can be used for purposes...