15 Jan 2025

I am scheduled to apply for an H1B visa stamp next month in Chennai, but my project ended. Can I use the same appointment slot to apply for a H-4 visa instead?

Answer You typically need to cancel the existing appointment, and schedule a new appointment with a new DS-160 (indicating the appointment is for H-4.) It may be possible to reuse the fee. (15.Jan.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information...

15 Jan 2025

I mailed my application to a USCIS lockbox weeks ago, but I have not yet received a receipt, and my filing fee has not been cashed. How do I contact USCIS about my missing case, since I do not even have a receipt number to reference?

Answer It is possible to eMail USCIS lockbox support at lockboxsupport@uscis.dhs.gov to inquire about a filing that has not yet been receipted. You should include the form number, petitioner or applicant name, date of birth, and mailing address, as well as the lockbox the package was...

08 Jan 2025

My H-4 EAD is expiring soon, and I recently got my H-4 status extended when I reentered the U.S. I am about to file my I-485 application and an I-765 based on the I-485. Will I receive an automatic extension of my H-4 EAD while my new I-765 is pending?

Answer No. To receive an automatic extension of an expiring EAD based on a timely filed I-765, the expiring EAD and newly requested EAD must be in the same eligibility category. So, if you wish to receive an automatic extension of the H-4 EAD, one of...

02 Jan 2025

A few weeks after I was arrested for driving while intoxicated, I received an eMail from the consulate saying that my H1B visa had been revoked. Do I need to leave the U.S. now?

Answer The prudential revocations of a visa due to a DUI only impacts the visa “stamp,” not a person’s status.That being said, please see our MurthyDotCom InfoArticle, Alcohol-Related Arrests Create Immigration Problems (29.Dec.2023), which summarizes some of the key problems that can be created by one...

24 Dec 2024

I am on H-4 and am applying for a change of status to F-1. My husband is on H1B and his employer has filed a PERM case for him. Will that pending PERM increase the risk of my F-1 application being denied?

Answer A PERM case filed for one’s spouse normally would not increase the risk the denial of a change of status to F-1. (24.Dec.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more...

24 Dec 2024

My brother is a U.S. citizen, and he filed a green card case for me a number of years ago. Can I port that priority date to my I-140?

Answer Unfortunately, no, you normally cannot use the priority date on a family-based case for an employment-based case. (24.Dec.2024)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 © 2024, MURTHY...

19 Dec 2024

Increase of Automatic Extension Period for Certain EAD Renewals Made “Permanent”

On Tuesday, 10.Dec.2024, the U.S. Department of Homeland Security (DHS) announced a final rule to permanently implement the rule that automatically extends the validity of certain employment authorization documents (EADs) based on a pending, timely filed application to extend employment authorization. The final rule will...

11 Dec 2024

I am a U.S. citizen and wish to sponsor my 20-year-old unmarried daughter for a green card. I understand that, based on her age and marital status, she still qualifies as an immediate relative, but what happens if she turns 21 while the case is pending?

Answer You are correct that, because she is under 21 and unmarried, you can sponsor her as an immediate relative. This means she is not subject to the visa bulletin, and she will remain classified as an immediate relative while the case is pending, as long...

11 Dec 2024

I am a physician working in underserved area in order to waive my J-1 home residency requirement. I recently married a U.S. citizen. Do I have to complete my J-1 waiver process before my U.S. citizen husband can file the I-130 petition for me?

Answer Generally speaking, there is no need to complete the J-1 waiver requirement before the U.S. citizen spouse files the I-130 petition. (11.Dec.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs...