09 Apr 2018

My application to change status from H1B to F-2 is currently pending. Can a new employer file an H1B for me while the COS is still pending?

Answer This would be possible, yes. However, the last approval to take effect would govern one's status, so this requires caution. You probably should consult with an attorney before proceeding with this. (09.Apr.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance...

09 Apr 2018

I am unable to get a birth certificate. Can I use affidavits instead for my I-485 application?

Answer The Foreign Affairs Manual allows the use of a combination of a non-availability certificate, 2 affidavits and "secondary" evidence (like school leaving certificates) to substitute for a birth certificate that is unavailable or defective. (09.Apr.2018)In frequent sessions of our Chat, Sheela Murthy and other senior...

02 Apr 2018

My application to become a U.S. citizen is pending, and my green card will soon expire. Citizenship is in process, if green card expires, is there a quick process to get a temporary extension on green card?

Answer Ordinarily, if your green card is going to expire within six months of applying for naturalization (form N-400), you are expected to also apply for an I-90 (green card renewal). If you have applied for naturalization more than 6 months before the expiration of your...

02 Apr 2018

My employer is currently sponsoring me for a green card. I now have a U.S. citizen family member who wishes to sponsor me for a family-based case. Can both cases be pending at the same time?

Answer Yes, you can have multiple immigrant petitions (employment-based and family-based) happening in parallel. The petitions do not interfere with each other and you ultimately should be able to file for adjustment of status, based on whichever case becomes current first. (02.Apr.2018)In frequent sessions of our...

02 Apr 2018

I am in H-4 status and am in the process of getting a divorce from my H1B husband. How many days may I remain in the U.S. once my divorce is finalized?

Answer There is no grace period in this scenario. Once a divorce is finalized, the (former) dependent spouse is no longer eligible for H-4 status. You typically would fall out of status as soon as the divorce is official (although, depending on the circumstances, you won't...

02 Apr 2018

SEVP Portal for Certain F-1 and M-1 Students

On March 23, 2018, the Student and Exchange Visitor Program (SEVP) launched the SEVP Portal. The new portal allows F-1 students on OPT and M-1 students participating in vocational training to update their addresses, phone numbers, and employer information. F-1 students on STEM OPT extensions...