10 Jun 2021

I filed an I-140 downgrade case in October along with my I-485, and both are still pending. Can I use AC21 to port to a similar position with a different employer?

Answer Technically speaking, to qualify for AC21 portability when the I-140 is still pending, the I-140 must be "approvable when filed." Assuming all the standard AC21 requirements are met (e.g., porting to the same or similar job), this may be an option, but it is not...

10 Jun 2021

I have a pending I-485 filed in the EB3 category. My wife’s I-140 was just approved in the EB1 category. Should I withdraw my I-485 and refile based on her EB1 case?

Answer Withdrawing the pending I-485 at this point is probably not the best option. It may be possible to interfile, or one could potentially file a second I-485 and have both cases pending. Eventually, the USCIS will ask the applicant to choose one of the cases...

03 Jun 2021

My wife has an H-4 visa, which was stamped with my previous employer. It is valid through 2022. Do I need to file the H-4 extension now, or can it wait until right before it expires?

Answer First off, if a person is in the U.S., the expiration date of the H-4 visa "stamp" has no impact on one's status. Status generally is determined by one's I-94 expiration date.Second, both H-4 status and the H-4 visa stamp are not tied to any...

03 Jun 2021

I am currently stuck in India. My PERM was recently approved. Does my employer need to wait until I return to the U.S. to file the I-140 petition?

Answer No, there generally is no requirement that the beneficiary be in the U.S. at the time the I-140 is filed.  (03.Jun.2021)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...

27 May 2021

I am in H1B status and have an approved I-140. My son, who is 15 years old, is in H-4 status. He would like to take a summer job. Is he able to obtain an H-4 EAD?

Answer Unfortunately, no. The H-4 EAD program can only be used by H-4 spouses. H-4 children are not eligible to apply for the H-4 EAD.  (27.May.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here....

27 May 2021

A few years ago, after my I-140 was approved, I moved back home to work for my employer’s affiliate in India. If my priority date becomes current, is there a time limit for me to return to the U.S. and file my I-485 application?

Answer Ordinarily, there is no set time limit for filing an I-485 application after one's priority date has become current. (27.May.2021)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 ©...

27 May 2021

I am recently divorced and wish to travel to the U.S. in H1B with my minor son, who will be coming in H-4 status. My ex-husband has no objections to this. Do I need to bring documents with me for my son to enter, since his father will not be traveling with us?

Answer U.S. Customs and Border Protection (CBP) strongly recommends that, if a child is only being accompanied by one parent, the parent traveling with the child carry a note from the other parent that states: "I acknowledge that my wife / husband / etc is traveling...

20 May 2021

How are wage levels determined for H1B cases? Since I have a master’s degree, does that mean my employer has to file the petition for at least a wage level 2 position?

AnswerWage levels are determined based on the occupation, the minimum job requirements, such as years of work experience and level of education, and the work location(s). There are four wage levels, ranging from wage level 1 (entry level) to wage level 4 (fully competent).To be...