20 Nov 2015

I initially entered the U.S. in F-2 dependent status. Because my spouse changed his F-1 to H1B, I also filed an application to change from F-2 to H-4 dependent status. …

... This application was approved in August for the start date of October 1. However, because I enrolled in a degree program, I also filed an application for change of status to F-1. The F-1 application was approved in September with an immediate effect. Now,...

12 Nov 2015

Murthy Law Firm Overcomes Client’s Status Gap to Get I-485 Approved

The Murthy Law Firm successfully represented an adjustment-of-status applicant facing challenges due to a problematic status history. We became involved in this case after the U.S. Citizenship and Immigration Services (USCIS) issued a request for evidence (RFE) questioning the adjustment applicant's eligibility based on her...

19 Oct 2015

My H1B visa stamp is from my old employer. Can my wife apply for an H-4 visa stamp if she provides the consulate with my new employer’s documents?

Answer The H-4 visa application does not require that the H1B spouse have an up-to-date H1B visa "stamp." The H-4 application simply requires showing proof of the marriage and proof of the spouse's valid H1B status. (19.Oct.2015)In frequent sessions of our Chat, Sheela Murthy and other...

12 Oct 2015

I am a green card holder. If I file an I-130 for my spouse, can she still apply for any other nonimmigrant visa, such as H1B or F-1, while the GC case is in process?

Answer The H1B nonimmigrant category has dual intent. Thus, the I-130 filing does not impact the H1B. While a person can always apply for F-1 even after the I-130 filing, that category requires nonimmigrant intent. Therefore, the I-130 could be a cause for denial of the...