Answer There is no need to add one’s wife to the I-140 in this situation. When the priority date is current, both spouses generally are eligible to file their I-485 applications, regardless of whether the spouse is listed in the I-140. (04.Nov.2025)Sheela Murthy and other senior...
Answer The legacy Immigration and Naturalization Service (INS) previously indicated that an H1B worker is entitled to the same leave as the company’s other employees, including benefits under the FMLA and/or the employer’s maternity or parental leave policies. (04.Nov.2025)Sheela Murthy and other senior attorneys provide guidance...
Answer If the L1A petition is being filed for consular processing, there typically would be no need to file anything for one’s dependents at the moment. If the petition is approved, the principal spouse and the dependents will need to complete a DS-160 and apply for...
Answer Yes, the H1B position still has to be a specialty occupation, even if you will be employed by your own company. You can spend some of the time performing duties directly related to owning and directing the business, but you still must perform specialty occupation...
Answer Once the primary L-1 visa holder becomes a permanent resident, they are no longer in L-1 status, and their family members are no longer eligible for L-2 status. The family would need to enter the U.S. prior to the principal L-1 visa holder becoming a...
Answer Generally, all documents submitted to the USCIS must be in English or accompanied by an English translation. Translated documents must be certified by the translator as complete and accurate, and the translator must certify competency to translate from the foreign language into English. (28.Oct.2025)Sheela Murthy...
Answer No, the $100,000 fee would not apply to an F-1 student, if the H1B is approved as a change of status. (23.Oct.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs...
Answer Ordinarily, yes, the priority date from any I-140 petition filed for an EB1, EB2, or EB3 case can be applied for any other EB1, EB2, or EB3 case filed for the same beneficiary. (23.Oct.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law....
Answer We have heard this claim many times, but we have not seen any evidence to support the contention that an H1B petition (or any other type of petition) has a greater risk of denial because premium processing was requested. (23.Oct.2025)Sheela Murthy and other senior attorneys...
Answer The TN technically is not one of the dual-intent categories. Therefore, Canadians and Mexicans who wish to enter the U.S. in TN status are required to demonstrate nonimmigrant intent. However, the USCIS has said previously that an I-140 petition is not automatically indicative of immigrant...
