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09 Jun 2022

I have a friend who got a green card issued more quickly because he filed a second I-485 instead of interfiling his upgrade case. Is filing a second I-485 really a better option to get a green card more quickly?

Answer Normally, filing a second I-485 is not recommended and does not result in the green card being issued more quickly. To the contrary, if the USCIS officer reviewing the case follows the proper procedure, filing a second I-485 typically will result in additional delay.To be...

06:30 / Employment Based / FAQs / For Individuals / Resident
02 Jun 2022

My wife and I filed I-485 applications based on her EB3 I-140. Can I now interfile my I-485 based on my EB2 I-140?

Answer Yes, generally speaking, the fact that one's I-485 is pending based on a spouse's I-140 would not prevent the person from interfiling based on one's own I-140 petition. (01.Jun.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...

07:15 / Employment Based / FAQs / For Families / For Individuals / Immigrant Family / Resident
02 Jun 2022

My H1B extension was approved recently, but my wife’s H-4 extension is still pending. She now needs to travel to India. Can she apply for an H-4 visa now? Or does she need to wait for the USCIS to approve the H-4 extension?

Answer Normally, there is no need to wait for an I-539 to be approved in order to apply for an H-4 visa at a consulate. If the applicant can show that the principal spouse is in valid H1B status, the consulate typically has the authority to...

07:11 / Consulates / FAQs / For Families / For Individuals / Nonimmigrant Family / Travel / Worker
02 Jun 2022

My H1B was not selected in the lottery, so I am going to continue working for my employer on STEM OPT. Is it possible for the company to initiate the PERM process for me now, or do I first need to get into H1B status?

Answer There is no requirement that a person be in H1B status for a company to initiate a PERM case for that individual.  (01.Jun.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more...

07:07 / Employment Based / FAQs / For Employers / For Individuals / Resident / Student
01 Jun 2022

Humanitarian Reinstatement Following Death of Petitioning Relative

In most circumstances, the U.S. Citizenship and Immigration Services (USCIS) is required to revoke an approved family-based petition for alien relative (form I-130) if the petitioning relative dies before the beneficiary is issued an immigrant visa. However, under certain circumstances, a humanitarian reinstatement request is...

19:12 / Family Based / For Families / For Individuals / Immigrant Family / NewsBrief / Resident
26 May 2022

A few years ago, my employer filed an H1B extension for me. My I-94 expired shortly after the petition was filed. Then, the USCIS denied the petition and I left the U.S. as quickly as I could (2 or 3 days after I learned of the denial). I am now applying for a B-1/B-2 visa. Do I have to disclose this info on my DS-160, or was my brief stay following the denial covered by a grace period?

Answer Generally speaking, if an H1B extension is timely filed, the H1B worker may remain in the U.S. for as long as the petition remains pending. If the petition is denied, the individual normally is eligible a grace period of up to 60 days or the...

05:50 / FAQs / For Individuals / Visitor / Worker
26 May 2022

I filed my I-485 based on the dates for filing chart. Earlier this month, the USCIS approved my I-485 and issued me a green card. However, my priority date is not yet current on the final action chart. May I still keep the green card?

Answer Unfortunately, this type of error can be a serious problem for a number of reasons. First off, if the USCIS notices the error, they typically will move to revoke the green card. Second, even if the USCIS does not revoke the green card, it could...

05:45 / FAQs / For Individuals / Resident