19 Aug 2021

I filed my I-485 and, after 180 days, I started looking for a new job. Shortly before I was made an offer by a new employer, my I-485 was approved. Can I still port to the new position?

Answer Generally speaking, once the I-485 has been approved, it is no longer possible to port to a same / similar position pursuant to AC21. As discussed in the MurthyDotCom NewsBrief, Changing Employers After Receiving Employment-Based Green Card (09.Aug.2021), there may be risks associated with leaving...

11 Aug 2021

I read that there is a new process to obtain a Social Security Number (SSN) based on an I-485 application. I filed my I-485 a few weeks ago. Can I use that to get an SSN?

Answer It is true that the USCIS has now implemented a process so that one may apply for a Social Security Number as part of the I-485 application process. However, it appears this option is only available for I-485 applications that have not yet been filed....

04 Aug 2021

I filed my H-4 and H-4 EAD extensions with my husband’s H1B extension. His extension was approved through 2024, but my applications are still pending. I recently traveled and was issued a new I-94 valid through 2024 when I returned. Can I update the USCIS with my new I-94? Will it speed up the processing of my EAD?

Answer The USCIS does not appear to have an official policy on this. Anecdotally, however, we have had cases where we have provided an updated I-94 to the USCIS while the form I-765 application for employment authorization was pending. For at least some of those cases,...

29 Jul 2021

I am in the U.S. visiting my brother, who is a U.S. citizen. If my brother sponsors me for a green card, can I stay in the U.S.?

Answer A U.S. citizen who is at least 21 years old typically can sponsor a sibling for a green card under the family-based, fourth preference (FB4) category. However, the pending or approved I-130 petition does not provide any immediate immigration benefits. Rather, one would need to...

29 Jul 2021

Visa Processing by NVC and Consular Posts During COVID-19 Pandemic

With the ongoing pandemic, there have been severe backlogs in immigrant visa processing at U.S. consular posts. The overwhelming majority of consular posts still have limited capacity to process immigrant visas. Due to the delayed visa interviews during the pandemic, the National Visa Center (NVC)...