12 Oct 2015

I am a green card holder. If I file an I-130 for my spouse, can she still apply for any other nonimmigrant visa, such as H1B or F-1, while the GC case is in process?

Answer The H1B nonimmigrant category has dual intent. Thus, the I-130 filing does not impact the H1B. While a person can always apply for F-1 even after the I-130 filing, that category requires nonimmigrant intent. Therefore, the I-130 could be a cause for denial of the...

29 Sep 2015

Should I File my I-485 Application Based on the Dates in the Original October 2015 Visa Bulletin?

As previously indicated, the Murthy Law Firm is generally recommending against filing adjustment-of-status applications (form I-485s) based on the cutoff dates listed in the original version of the October 2015 Visa Bulletin, which was released on September 9, 2015. This recommendation is based on a...

28 Sep 2015

I am considering filing my I-485 even though I am not eligible based on the revised visa bulletin. What’s the worst that could happen? If it gets rejected, would I be able to file in the future using the same I-140?

Answer If the case is filed prematurely and rejected, this would not prevent the I-140 from being used again for a later I-485 filing. The worst that could happen, other than wasting money and effort, is either (a) the case is wrongly accepted and denied later...