23 Oct 2025

I am still confused about the $100,000 fee. If am in the U.S. in F-1 status and am hoping to change status to H1B in next year’s lottery. Does the fee apply in this situation?

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...

23 Oct 2025

A few years ago, my EB2 I-140 was approved based on my position as a Software Engineer. Last year, I went to India to work for our parent company as a manager for one year, and my employer is now filing an EB1(c) I-140 for me. Can I use the priority date from my Software Engineer position and apply it to my managerial position?

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....

15 Oct 2025

I am in L-1 status and want to file an I-485 application for my employment-based green card. However, my job requires frequent international travel. Will this be a problem?

Answer If you are maintaining valid L-1 status and have an unexpired L-1 visa stamp in your passport, you generally may travel internationally while your I-485 application is pending. The only issue with such travel typically would be that, if you also applied for advance parole...

08 Oct 2025

We submitted a premium processing request with my H1B petition. The USCIS then issued an RFE on my case. When my employer responds to the RFE, will it still be reviewed using premium processing?

Answer Yes. Ordinarily, the case will remain in the premium processing track until it is approved or denied. The USCIS normally will issue a final decision – or, less likely, issue a second RFE or a notice of intent to deny (NOID) – within 15 business...

01 Oct 2025

When I became a U.S. citizen some years ago, I sponsored my sister for a family-based green card. She recently got married. Can I now sponsor her husband, too?

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, one does not need to file a separate petition for these family members. (30.Sep.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies...