19 Oct 2015

My H1B visa stamp is from my old employer. Can my wife apply for an H-4 visa stamp if she provides the consulate with my new employer’s documents?

Answer The H-4 visa application does not require that the H1B spouse have an up-to-date H1B visa "stamp." The H-4 application simply requires showing proof of the marriage and proof of the spouse's valid H1B status. (19.Oct.2015)In frequent sessions of our Chat, Sheela Murthy and other...

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...