26 Mar 2018

I have an EB3 approved I-140. I then moved to a different employer that filed a new PERM labor certification (LC) case for me. The LC is being audited. Is this common? Should I be concerned?

Answer Most audits are random. Assuming that the recruitment and filing was done properly, it likely can be cleared as soon as the response is processed. (26.Mar.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real...

23 Mar 2018

NewsFlash! President Trump Signs Bill Funding Federal Government Through September 2018

This afternoon, President Trump signed a federal spending bill that keeps the government open through September 30, 2018. This bill also extends the employment-based, fifth preference (EB5) regional center program for the same time period. The bill does not, however, provide any protections to beneficiaries...

21 Mar 2018

Government Faces Yet Another Possible Shutdown After March 23, 2018

Congress must pass a spending bill to extend government operations by midnight of March 23, 2018, or else another temporary shutdown of the federal government will go into effect. A government shutdown at this time would be especially problematic because H1B cap season is upon...

12 Mar 2018

My green card is about to expire, and I am waiting to be scheduled for my U.S. citizenship oath. Do I need to renew my green card in order to be eligible to take the oath?

Answer The "green card" itself is only proof of one's status - its expiration does not affect one's status as a lawful permanent resident (LPR). Therefore, the expiration should not affect the citizenship application. (12.Mar.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys...

12 Mar 2018

My wife is a green card holder, but needs to travel to India for more than a year. She is applying for a reentry permit and is now waiting for her biometrics appointment. If she leaves before biometrics, what will happen to the reentry permit application?

Answer One's reentry permit is not withdrawn by travel. But, the application will be denied if the biometrics are not done as scheduled. (It generally is not a problem to reschedule them one time, though.) (12.Mar.2018)In frequent sessions of our Chat, Sheela Murthy and other senior...

05 Mar 2018

I am about to max out of my 6 years of H1B time, so I am applying for a change to H-4. If, after I transfer to H-4 status, I get an approved I-140, can I use that to move back to H1B status?

Answer If you previously held H1B status and you have an I-140 approved, you generally can use this as a basis to return to H1B status. (i.e. The approved I-140 can be used to request H1B status beyond the standard 6-year max.) (05.Mar.2018)In frequent sessions of...

05 Mar 2018

I am waiting for my oath ceremony in order to naturalize. Also, my green card is about to expire. I have a family emergency and need to travel to India immediately. What options do I have to return with no issues? Will this impact my naturalization case?

Answer If you have an emergency need to travel, you can try to obtain a temporary I-551 stamp in your passport at the local USCIS office. It typically is okay to travel while waiting for one's naturalization oath ceremony, but you need to inform the USCIS...