22 Nov 2023

Overview of Temporary Protected Status

When conditions in a foreign country temporarily prevent the country's nationals from returning home safely, the United States may designate that country for temporary protected status (TPS). TPS allows a national of a designated country who is present in the U.S. to remain in the...

22 Nov 2023

A few years ago, my I-140 was approved in the EB2 category as a Software Engineer. I have now been promoted to a managerial position within the same company. Does my employer need to redo the entire PERM process now?

Answer If there has been a material change to the nature of the position, that typically would require filing a new labor certification and I-140 petition for that new position. Fortunately, however, if you have an approved I-140, you should be able to retain the priority...

22 Nov 2023

My father is a naturalized citizen, and he sponsored me for a green card many years ago. The priority date is finally current, and I received a notice from the National Visa Center saying that they have all the documents and fees needed, and that they are working with my local embassy in Mumbai to schedule my interview. Any idea how long it will take to get the appointment?

Answer The processing time can vary, but assuming the priority date remains current, it typically takes about 6-to-8 months to get an appointment. (22.Nov.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more...

15 Nov 2023

I was issued a B-1/B-2 visa several years ago, when I needed to come for a business trip. The visa was issued for 10 years. I now wish to come to the U.S. to attend a wedding. Can I use the same visa, or do I need to reapply?

Answer Generally speaking, as long as the B-1/B-2 visa remains valid, it may be used to request admission for any valid B-1 or B-2 purpose. This applies even if the reason for admission is unrelated to the reason the visa was initially requested. And, in general,...

15 Nov 2023

When my H1B petition was filed, my employer listed on the I-129 that the consulate in Chennai should be notified. I actually want to apply for my visa stamp in Hyderabad, though. Will that be a problem?

Answer Normally, applying for a visa foil (or "stamp") at a different consulate than the one listed on the I-129 is not much of an issue. It may result in a small delay, but such delays typically are resolved in under 2 weeks. (15.Nov.2023)Sheela Murthy and...

15 Nov 2023

Last year, I was laid off from my H1B position and I moved to H-4 status. My previous employer revoked my H1B petition. If I wish to move back to H1B status, do I have to go through the lottery again?

Answer In most situations, once a person has been granted H1B status, that individual is considered to have been "counted against" the H1B cap. This typically means that an H1B may be filed for the person without having to go through the lottery again. (15.Nov.2023)Sheela Murthy...