19 Jun 2017

I am in H1B status. Can I file two change-of-status applications at the same time – one for H-4 status, and the other for F-1?

Attorney There is nothing prohibiting multiple filings. However, the general rule is that the last approval will govern one's status. So, once the desired application is approved, it is important to withdraw the unwanted application, to avoid ending up in the "wrong" (unwanted) status. Unfortunately, even...

22 May 2017

My daughter is in H-4 status, but she turns 21 in July. So, she is applying for a change to F-1. Meanwhile, I have a pending EB3 case. Will her moving to F-1 status prevent her from getting a green card as my dependent?

Answer Moving to F-1 status does not affect one's eligibility for the GC. Turning 21 might, however, if one is not protected under the Child Status Protection Act. This is a complicated question, and one should consult a qualified attorney in this regard. (22.May.2017)In frequent sessions...

10 May 2017

Redesigned Green Cards and EADs with Improved Security Features

As of May 1, 2017, the U.S. Citizenship and Immigration Services (USCIS) has begun issuing redesigned versions of permanent resident cards (i.e. I-551 forms, commonly referred to as "green cards") and employment authorization documents (EADs). The redesigned documents include several enhanced security features. Existing green...

08 May 2017

I worked for one year in H1B status in 2010. But, I then moved to H-4 status and my H1B petition was revoked. Can I move back to H1B status now without going through the lottery again?

Attorney In general, one in this situation is cap exempt, unless the H1B was revoked by the USCIS for fraud or misrepresentation. (08.May.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on...

08 May 2017

I have an approved EB3 I-140 with a 2010 priority date. My wife is now being sponsored for an EB2 position. Can she use my priority date?

Answer No, generally speaking, a priority date cannot be transferred from one spouse to the other. (08.May.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click here.Access more FAQs...