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13 Mar 2017

I am a U.S. citizen and just got married to a woman who lives in India. I am now sponsoring her for a green card. Can I live with her in India while the case is pending?

Answer Yes, a U.S. citizen is permitted to live abroad while a family-based green card case is pending, as long as the intent is to return to the U.S. to reside, once the immigrant visa is issued. (13.Mar.2017)In frequent sessions of our Chat, Sheela Murthy and...

11:51 / Employment Based / FAQs / Resident
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13 Mar 2017

Have there been any new regulations that will make it harder to get an AP document renewed?

Answer There have not been any recent changes to the advance parole (AP) process for I-485 applicants. It is unclear whether the process may change in the future. (13.Mar.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law...

11:40 / FAQs / For Individuals / Homeland Security / Resident / Travel
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09 Mar 2017

April 2017 Visa Bulletin: Very Little Movement

The April 2017 Visa Bulletin was released this afternoon. Once again, there is no movement in the dates for filing (DF) chart. In the final action (FA) chart, the employment-based, second preference (EB2) category for India advances by three weeks, to June 22, 2008. EB2...

16:30 / AOS/CP / Employment Based / For Individuals / NewsBrief / Resident / Visa Bulletin
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06 Mar 2017

Does an H1B petition by a new employer impact a pending PERM case filed by a different employer?

Answer In general, H1B petitions and PERM/I-140s are independent of one another. One filing would not typically impact the other one. (06.Mar.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat...

07:50 / Employment Based / FAQs / For Individuals / Resident / Worker
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06 Mar 2017

Do I need to maintain H-4 status while my I-485 is pending?

Answer This is optional - many choose to maintain the underlying status as protection in the case of an I-485 denial. A denial of the I-485 after the nonimmigrant status is abandoned normally means that one must depart the United States. (06.Mar.2017)In frequent sessions of our...

07:46 / Employment Based / FAQs / For Individuals / Resident / Worker
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06 Mar 2017

Grace Period for Nonimmigrant Workers Following Loss of Employment

A U.S. Department of Homeland Security (DHS) regulation affecting highly skilled workers went into effect on January 17, 2017. One of the key components of the new regulation is the availability of a grace period of up to 60 days for certain categories of nonimmigrant...

07:41 / Employment Based / For Families / H1B / Homeland Security / NewsBrief / Nonimmigrant Family / Resident / Worker
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01 Mar 2017

March 2017 Visa Bulletin Check-In: Explanations and Predictions

Charles Oppenheim, Chief of the Visa Control and Reporting Division for the U.S. Department of State (DOS), provides visa bulletin explanations and predictions almost every month. The update this month for the March 2017 Visa Bulletin provides predictions related to most employment-based categories, as well...

08:29 / AOS/CP / AOS/CP (Family) / Employment Based / Family Based / NewsBrief / Resident / Visa Bulletin
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27 Feb 2017

How quickly do I have to send AC21 notification to the USCIS after I move to a new employer?

Answer Filing an AC21 notification is currently optional and has no particular time limit. It is generally advisable, however. (27.Feb.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click...

13:26 / Employment Based / FAQs / Resident
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27 Feb 2017

If the Trump Administration does away with H-4 EADs, what options do we have?

Answer As of the time of this writing, the Trump Administration has not taken any actions to modify or eliminate the H-4 EAD program. Further, even if the Administration decides to cancel the program, this would very likely require a formal rule-making process, which would take...

13:21 / Employment Based / FAQs / For Families / H1B / Nonimmigrant Family / Resident / Worker
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27 Feb 2017

As a U.S. citizen, am I able to sponsor my mother-in-law for a green card?

Answer No, there is no family-based green card category for this relationship. (27.Feb.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click here.Access more FAQs here. Copyright © 2017, MURTHY...

13:15 / Citizen / Family Based / FAQs / Resident
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