15 Jun 2022

I am working based on an H-4 EAD, and I have a pending I-485 based on my husband’s EB2 case. My husband’s I-485 was just approved. Can I continue working based on my H-4 EAD?

Answer Once the principal spouse's green card is approved, that individual generally is no longer considered to be in H1B status. And, if the principal spouse is no longer in H1B status, the dependent spouse typically cannot be maintaining valid H-4 status (or continue to use...

15 Jun 2022

My H1B cap case was approved in 2014. After getting my H1B visa stamped, however, the company ran into financial problems. I ended up not ever coming to the U.S. in H1B status. I now have found a different company in the U.S. willing to hire me. Do I have to wait for next year’s lottery, or can the H1B be filed now?

AnswerThe USCIS technically considers a foreign national counted against the numerical H1B cap if he is granted a change of status to H1B, or if he is issued an H1B visa from a U.S. consulate abroad. Since you were issued an H1B visa, it should...

15 Jun 2022

My green card expires in a few months. I need to travel overseas for a few weeks, but will be back at least a couple of months before it expires. Is there any requirement that the green card be valid for at least six months when traveling?

Answer No, there is no such requirement. You likely are thinking of the rule that requires the passport to be valid for at least six months beyond a nonimmigrant's anticipated stay in the United States. But even that "rule" only applies to passports issued by countries...

10 Jun 2022

MurthyAudio: L1A/L1B Overview

An overview of nonimmigrant L1A/L1B options as well as tips for filing and responding to requests for evidence (RFEs) are provided by Murthy Law Firm attorneys in this teleconference from 01.Jun.2022.The MP3 is available here, and will soon appear in the archive of our teleconferences...

09 Jun 2022

During my I-485 interview, the officer issued me an RFE for a police report. I provided the document within a few days. How long does it take to process an I-485 application once an RFE is responded to?

Answer Typically, the USCIS does not provide a specific breakdown of processing times based on whether an RFE has been issued, responded to, etc. Rather, the USCIS processing times webpage simply lists processing times based on the type of case and the field office or service...

09 Jun 2022

I have a friend who got a green card issued more quickly because he filed a second I-485 instead of interfiling his upgrade case. Is filing a second I-485 really a better option to get a green card more quickly?

Answer Normally, filing a second I-485 is not recommended and does not result in the green card being issued more quickly. To the contrary, if the USCIS officer reviewing the case follows the proper procedure, filing a second I-485 typically will result in additional delay.To be...