07 Jul 2022

My company filed an I-140 petition for me, which is still pending. I plan on getting married to a green card holder next month. After we are married, can my wife file an I-130 for me, or would I need to first withdraw the I-140?

Answer Ordinarily, having a pending or approved I-140 would not impact a person's ability to be the beneficiary of an I-130 petition. There typically would be no need to withdraw the I-140 petition. (06.Jul.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...

05 Jul 2022

Nonimmigrant Visa Waivers – Process and Criteria

Foreign nationals may be deemed ineligible for admission (i.e. inadmissible) to the United States for a variety of reasons. Common grounds of inadmissibility include the following: medical grounds, criminal grounds, and immigration violations (including fraud or material misrepresentation in connection with an immigration benefit). In...

30 Jun 2022

I am working based on my H-4 EAD, which expires in August. My EAD renewal is pending. I have to go home to India for several months. How long can I work from India for the U.S. employer? Do I have to stop working once the current EAD expires?

Answer Ordinarily, if you are not physically in the United States, U.S. immigration law would not limit your ability to work for a U.S. employer. This would typically apply, regardless of whether the person has a valid EAD. (30.Jun.2022)Sheela Murthy and other senior attorneys provide guidance...

30 Jun 2022

My husband is on L-1 and I am working in L2S status. Our I-94s are valid until next year, but his employer is laying him off next week. Do I have to stop working immediately? Or is there any type of grace period?

Answer After being terminated, the principal L-1 worker is normally eligible for a 60-day grace period, or until the I-94 expires, whichever date is sooner. This period is considered valid status. If the L-1 spouse is in valid status and the L2S souse is otherwise maintaining...