03 Sep 2020

I am a physician and have two years left to qualify for a waiver to my J-1 home residency requirement. I will soon be marrying a U.S. citizen. Do I still need to get the waiver before I can get a green card through my spouse?

Answer Normally, in order to apply for a green card through a U.S. citizen spouse, one would still need to obtain the waiver to home residency requirement. (03.Sep.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services,...

27 Aug 2020

Immigration Benefits After Death of Qualifying Relative

204(l) of the Immigration and Nationality Act (INA) governs the eligibility for certain continued immigration benefits to surviving family members through a deceased qualifying relative. 204(l) applies to the principal and any derivative beneficiaries of a pending or approved family-based visa petition, any derivative beneficiaries...

26 Aug 2020

My husband’s H1B extension is pending, as is my H-4 extension. Do I have to wait for the H1B to be approved before applying for an H-4 EAD?

Answer Assuming you meet all the other requirements for an H-4 EAD, it typically is possible to file the EAD application while the H1B and H-4 extensions are still pending. (26.Aug.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our...

20 Aug 2020

I saw that the September 2020 Visa Bulletin was just released, but there was almost no movement. Is there likely to be more movement next month?

Answer The new fiscal year starts on October 1, 2020, and with it, a new annual allotment of immigrant visas. Priority dates likely will advance in October, but we do not know yet how much movement there will be. (20.Aug.2020)Sheela Murthy and other senior attorneys provide...

20 Aug 2020

My I-140 is approved, but I just received a good job offer in India. I would like to work there for at least a few years. Can I do that without abandoning my I-140?

Answer Generally speaking, leaving the U.S. would have no impact on the validity of the I-140 approval. It typically is permissible to be outside the U.S., even for an extended period of time, and then apply for the green card later, when the priority date becomes...