Answer Ordinarily, it is possible to remain in the U.S. based on a pending I-485 application. So, it typically is not required to extend one's underlying nonimmigrant status. However, if the person has not maintained nonimmigrant status and the I-485 is denied, this typically means the...
Answer There is no need to add a new spouse to an approved I-140. When the priority date is current, both spouses generally are eligible to file their I-485 applications, regardless of whether the current spouse is listed in the I-140. (02.Feb.2023)Sheela Murthy and other senior...
The U.S. Citizenship and Immigration Services (USCIS) has entered into a settlement agreement, whereas the agency has agreed to bundle an application to extend or change to H-4 or L-2 status and, if applicable, an employment authorization document (EAD) application, if the application/s are filed...
Answer Having a pending green card case does not prevent a person from requesting admission in B-2 status. However, there generally is an increased risk of being denied admission based on immigrant intent. (19.Jan.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...
Answer Typically, it is not permissible to apply for an H-4 EAD while the applicant is outside the United States. (12.Jan.2023)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 ©...
Many foreign nationals who are hoping to become lawful permanent residents (LPRs) face extended backlogs in visa number availability. Since visa number backlogs vary enormously by the country against which an applicant is counted or "charged," it is important to understand the options for favorable...
Many aspects of immigration law are tied to expiration dates, grace periods, filing deadlines, and other date-driven matters. So, it is vitally important to keep informed and on top of calendar items and timelines specific to one’s immigration process. Many serious problems can be avoided...
Answer An approved I-539 is not necessary to apply for an H-4 visa "stamp." To get the new H-4 visa, one must provide proof of the marriage to the H1B principal spouse and evidence that the H1B spouse is maintaining valid status. (29.Dec.2022)Sheela Murthy and other...
Answer There is no official form or format used to withdraw a pending I-539 application. When we need to withdraw a pending I-539 for a client, we typically draft a short, simple letter that says we wish to withdraw the application. In the letter, we include...
Answer In order for your fiancée to qualify for a green card as your dependent, you would need to be legally married before your I-485 is approved. If you get married after your I-485 is approved, you likely will need to sponsor her under the family-based,...
