07 Jul 2022

My company filed an I-140 petition for me, which is still pending. I plan on getting married to a green card holder next month. After we are married, can my wife file an I-130 for me, or would I need to first withdraw the I-140?

Answer Ordinarily, having a pending or approved I-140 would not impact a person's ability to be the beneficiary of an I-130 petition. There typically would be no need to withdraw the I-140 petition. (06.Jul.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...

07 Jul 2022

I need to file to extend my H-4 status and the H-4 status of my son. My son is turning 21 next year, so he is only eligible for about 10 months of H-4 time. Is it ok to file his application as an I-539A supplement with my I-539 application?

Answer It is normally possible to file a dependent child's H-4 extension as an I-539A, along with the parent's I-539. However, the USCIS typically will issue the same I-94 expiration date for all the H-4 applicants, included in the I-539 and I-539A/s. So, in a case...

05 Jul 2022

Nonimmigrant Visa Waivers – Process and Criteria

Foreign nationals may be deemed ineligible for admission (i.e. inadmissible) to the United States for a variety of reasons. Common grounds of inadmissibility include the following: medical grounds, criminal grounds, and immigration violations (including fraud or material misrepresentation in connection with an immigration benefit). In...

30 Jun 2022

I am working based on my H-4 EAD, which expires in August. My EAD renewal is pending. I have to go home to India for several months. How long can I work from India for the U.S. employer? Do I have to stop working once the current EAD expires?

Answer Ordinarily, if you are not physically in the United States, U.S. immigration law would not limit your ability to work for a U.S. employer. This would typically apply, regardless of whether the person has a valid EAD. (30.Jun.2022)Sheela Murthy and other senior attorneys provide guidance...

30 Jun 2022

My husband is on L-1 and I am working in L2S status. Our I-94s are valid until next year, but his employer is laying him off next week. Do I have to stop working immediately? Or is there any type of grace period?

Answer After being terminated, the principal L-1 worker is normally eligible for a 60-day grace period, or until the I-94 expires, whichever date is sooner. This period is considered valid status. If the L-1 spouse is in valid status and the L2S souse is otherwise maintaining...

23 Jun 2022

I am working in H1B status and have been offered a better job with a different company. Prior to joining the new employer, however, I would like to take some time off. If I quit my current job, can I make use of the 60-day grace period, or do you have to be fired to be eligible for the grace period?

AnswerAssuming you meet the standard criteria for the 60-day grace period, the fact that you have resigned – as opposed to being fired / laid-off – would not impact your eligibility to use the grace period. (22.Jun.2022)Sheela Murthy and other senior attorneys provide guidance that...

23 Jun 2022

I have a BS in computer science and an MBA. My H1B registration was selected in the master’s cap, based on my MBA. My employer is now filing the H1B petition, but listed that the position requires at least a BS in computer science. Are they required to list the MBA as the minimum requirement? Will this create any problems with petition?

Answer The degree used to qualify for the master's cap does not have to be the same degree listed for the minimum education requirement in the H1B petition. If the position requires a BS in computer science, that is what should be listed on the petition....