13 Nov 2017

Last year, my husband got his green card by being sponsored by his employer, and I got mine at the same time as his dependent spouse. We are now getting divorced. Will that impact my GC?

Answer In general, if a green card is issued in an employment-based case, a subsequent divorce would have no impact on the GC. (13.Nov.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details...

23 Oct 2017

I have an approved I-140 for an EB2 case with a November 2011 priority date. Can I transfer this priority date to a family-based case?

Answer Unfortunately, the priority date from an employment-based case cannot be ported to a family-based case. Any family-based petition would be issued a brand new priority date. (23.Oct.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in...

21 Sep 2017

30/60/90-Day Policy Revised on Misrepresentation and Preconceived Intent

On September 1, 2017, the U.S. Department of State (DOS) revised its Foreign Affairs Manual (FAM) policy guidance to consular officers regarding "misrepresentation" under the Immigration and Nationality Act (INA) § 212(a)(6)(C)(i). In particular, the DOS changed its policy on when a consular officer can...

18 Sep 2017

I began a full-time job recently and I have an I-140 approval from my previous employer. More than 180 days have passed. Can my wife apply for H-4 EAD with my previous employer’s approved I-140?

Answer If the I-140 has been approved for at least 180 days, then it can no longer be revoked by the employer's withdrawal and remains approved. It therefore can be used for multiple H1B/H-4 extensions, as well as the H-4 EAD. (18.Sep.2017)In frequent sessions of our...