26 Dec 2019

A few years ago, my H1B petition was selected in the lottery and approved for consular processing, but I never got my H1B visa stamp and I never worked in H1B status. If I find a job in the U.S., do I have to go through the lottery again?

Answer The USCIS technically only considers an H1B applicant counted against the numerical H1B cap if s/he is granted a change of status to H1B, or is issued an H1B visa from a U.S. consulate abroad. Absent one of the above, the USCIS may deny a...

26 Dec 2019

I am finishing a J-1 program and am subject to the home residency requirement. Prior to beginning the J-1, I lived in India. Once I am done with the program, however, I will be moving to live in Australia. If I live in Australia for two years, will that satisfy the home residency requirement?

Answer Generally speaking, a person is required to live in the previous country of residency – in your case, India. Living in Australia normally would not meet this requirement. (26.Dec.2019)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...

26 Dec 2019

My H-4 EAD extension is pending and will expire next week. I will lose my job if it is not renewed before then. Can I ask the USCIS to expedite my case?

Answer It certainly is possible to request the USCIS to expedite a pending H-4 EAD application, but the USCIS is very reluctant to expedite EAD applications. In fact, earlier this year, the USCIS updated the Adjudicator's Field Manual to state that "[t]he need to obtain employment...

19 Dec 2019

I was born in India, but just received citizenship in Canada. Can I now move to the Canada queue for a green card?

Answer Generally speaking, in the green card context, an applicant is charged against the country of birth, not the country of citizenship. Becoming a British citizen typically would have no impact on the green card process. (18.Dec.2019)Sheela Murthy and other senior attorneys provide guidance that clarifies...

19 Dec 2019

After I entered in TN status, I got married to a U.S. citizen. We recently filed my I-130 and I-485, but my TN job is likely going to end in a couple of weeks. If that happens, do I have to leave the U.S.?

Answer Normally, a person may remain in the U.S. based on a pending I-485 application. If the TN job ends, it likely will be necessary to stop working until the EAD is issued (or you get a TN petition approved through a new employer). (18.Dec.2019)Sheela Murthy...

19 Dec 2019

I am in H-4 status and am enrolled in university in New York. My husband just got a great job offer for an H1B position in Minnesota. Can I stay in New York to finish my studies, or does the H-4 spouse have to live in the same place as the H1B spouse?

Answer There is no requirement that an H-4 spouse live with the principal H1B spouse. As long as he maintains valid H1B status, you normally would remain eligible for H-4 status, even if you are not currently living in the same household. (18.Dec.2019)Sheela Murthy and other...

12 Dec 2019

Employer B filed an H1B change of employer petition for me, and it was just approved. I now wish to remain with Employer A. Is that possible?

Answer Generally speaking, there is no requirement that the beneficiary move to the new employer once the H1B change of employer has been approved. As long employer A's approved H1B petition remains valid, the H1B worker typically is permitted to remain with that employer. (11.Dec.2019)Sheela Murthy...