Attorneys Law Firm Practicecontact us
13 Apr 2023

A few years ago, my U.S. citizen sister sponsored me for a family-based green card. Can I use that priority date for my EB3 case?

Answer No, unfortunately, you generally cannot use a priority date from a family-based case and apply it to an employment-based case. (13.Apr.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.  Copyright...

06:41 / Employment Based / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident
06 Apr 2023

I am on H1B and my wife is on L1A. Her company will be sponsoring her for a green card under the EB1 category as a multinational manager. Do I have to change to L-2 status in order to apply for a green card as her dependent?

Answer No, there normally is no need to be in L-2 status in order to apply for a green card as a dependent of one's spouse. (06.Apr.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click...

09:19 / Family Based / FAQs / For Families / Immigrant Family / L-2 Dependent / Nonimmigrant Family / Resident / Worker
23 Mar 2023

I have an approved I-140 from my previous employer. My current employer has not yet started my PERM process. Can I use my previous I-140 to extend my H1B status beyond 6 years? Does it matter if the prior employer is no longer conducting business?

Answer Generally speaking, as long as the previous I-140 is still valid, it can be used for purposes of extending H1B status beyond the six-year max, assuming the individual otherwise qualifies for this benefit. Once 180 days have passed following the approval of an I-140 petition,...

09:00 / Employment Based / FAQs / For Individuals / Resident / Worker
22 Mar 2023

April 2023 Visa Bulletin

Today, the U.S. Department of State (DOS) released the April 2023 Visa Bulletin. All cutoff dates listed refer to those in the final action chart (i.e., Chart A), unless otherwise specified. Visa Bulletin Summary Employment-Based, First Preference (EB1) Category There is no movement in the EB1 category, with...

15:57 / EB5 Investor / Employment Based / Family Based / For Employers / For Individuals / Immigrant Family / Investor / NewsBrief / Resident / Visa Bulletin
09 Mar 2023

I was born in India and have an I-140 pending in the EB2 category. I recently married a woman who was born in Sri Lanka. Can we file I-485 applications based on her country of birth?

Answer Yes, in most situations, it is possible to be charged against a spouse's country of birth when applying for a green card. This is known as cross-chargeability. The fact that the marriage took place after the I-140 was filed typically would not impact a person's...

08:10 / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident
09 Mar 2023

Ten years ago, when I became a U.S. citizen, I filed an I-130 petition for my sister. She has now gotten married. Do I need to file a separate I-130 for her husband?

Answer In the family-based preference categories, the spouse and/or minor children of the primary beneficiary may also benefit from the single-petition filing. Normally, there is no need to file a separate petition for these family members. (09.Mar.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies...

08:05 / Family Based / FAQs / For Families / Immigrant Family / Resident