13 Nov 2017

Last year, my husband got his green card by being sponsored by his employer, and I got mine at the same time as his dependent spouse. We are now getting divorced. Will that impact my GC?

Answer In general, if a green card is issued in an employment-based case, a subsequent divorce would have no impact on the GC. (13.Nov.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details...

06 Nov 2017

Can my employer sponsor me for a green card while I am on OPT? Or, do I need to first obtain H1B status before the green card process can be started?

Answer The green card process typically can be initiated while the foreign national is on OPT. There is no requirement that one have a particular visa status to be sponsored for a green card. (06.Nov.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys...

30 Oct 2017

I am in L1A status and have almost completed my max of 7 years. I have an approved I-140. Based on that, can I move to H1B status once my 7 years is completed?

Answer Time spent in L1A status generally counts against the 6-year max for H1B time. An approved I-140 cannot be used to extend L1A status beyond the 7-year max, but can be used to extend H1B status beyond the standard 6-years allowed.That being said, the approved...

23 Oct 2017

I have an approved I-140 for an EB2 case with a November 2011 priority date. Can I transfer this priority date to a family-based case?

Answer Unfortunately, the priority date from an employment-based case cannot be ported to a family-based case. Any family-based petition would be issued a brand new priority date. (23.Oct.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in...

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