01 Sep 2022

My U.S. citizen brother sponsored me for a green card about 10 years ago. That case is still a long way from becoming current. Can I transfer that priority date to my I-140, which was just approved?

Answer No, unfortunately, it normally is not possible to transfer a family-based priority date to an employment-based case (or vice versa). (01.Sep.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.  Copyright...

29 Aug 2022

DOS Update on U.S. Visa Services at Embassies and U.S. Consular Posts

On August 10, 2022, the U.S. Department of State (DOS) shared a briefing where Ms. Julie M. Stufft, Deputy Assistant Secretary for Visa Services in the Bureau of Consular Affairs, discussed the status of immigrant and nonimmigrant visa processing at U.S. embassies and consulates around...

22 Aug 2022

Changing from Adjustment of Status to Consular Processing

For most types of immigrant petitions, such as a family-based petition for an alien relative (form I-130) or an employment-based petition for an alien worker (form I-140), the petitioner must indicate whether the foreign national beneficiary will be applying for adjustment of status (form I-485)...

04 Aug 2022

USCIS Extends Flexibilities Related to the COVID-19 Pandemic

The U.S. Citizenship and Immigration Services (USCIS) has announced two accommodations being made related to the COVID-19 pandemic. First, the USCIS again has extended the response time flexibility, initially announced on March 20, 2020. Second, the USCIS has made permanent the policy that allows all...

15 Jun 2022

I am working based on an H-4 EAD, and I have a pending I-485 based on my husband’s EB2 case. My husband’s I-485 was just approved. Can I continue working based on my H-4 EAD?

Answer Once the principal spouse's green card is approved, that individual generally is no longer considered to be in H1B status. And, if the principal spouse is no longer in H1B status, the dependent spouse typically cannot be maintaining valid H-4 status (or continue to use...

09 Jun 2022

I am a U.S. citizen. About 5 months ago, my mother entered in B-2 status to visit me and her grandchildren. At the last minute, we decided to apply for a green card for her. I filed the I-130 and I-485 for her, and those cases are still pending. Can my mother remain in the U.S. after her I-94s expire?

Answer Ordinarily, it is possible to remain in the U.S. in a period of authorized stay based on a pending I-485 application.  (08.Jun.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs...