05 Oct 2022

I am a U.S. citizen and am sponsoring my brother for a family-based green card. Will the pending I-130 prevent him from being issued an H1B?

Answer Unlike most nonimmigrant visa categories, the H1B category allows for dual intent. Therefore, a pending (or approved) family-based green card case normally would not impact a person's ability to apply for H1B status. (05.Oct.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law....

05 Oct 2022

My employer filed an EB2 case for me, and I have a 2021 priority date. Given that I was born in India, it appears I will have to wait a very long time for a green card. I have a child with a medical condition and obtaining a green card would be especially helpful to provide him with more long-term stability regarding medical care. Is it possible to request that USCIS expedite my case?

Answer Although there is a process for requesting that a petition be expedited, this would be for the USCIS to adjudicate a particular case. Unfortunately, the USCIS cannot "expedite" a priority date becoming current. (05.Oct.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law....

05 Oct 2022

I am in H-4 status and my husband has an approved I-140. I recently gave birth to our first child, and I have no intentions of working for the foreseeable future. As a precaution, however, I was considering applying for an H-4 EAD. Is this permitted even if I may never use the EAD?

Answer Yes, this is allowed. The H-4 EAD provides the individual with unrestricted work authorization, but it does not require that the person actually work. (05.Oct.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here....

29 Sep 2022

My H1B is valid for a couple of more months, and I have an EAD based on my pending I-485. Do I have to maintain H1B status until the green card is issued?

Answer Ordinarily, a person may remain in the United States in a period of authorized stay based on a pending I-485 application. So, generally speaking, there is no requirement for the individual to maintain valid status while waiting for the green card to be issued.That being...