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24 Dec 2024

I am on H-4 and am applying for a change of status to F-1. My husband is on H1B and his employer has filed a PERM case for him. Will that pending PERM increase the risk of my F-1 application being denied?

Answer A PERM case filed for one’s spouse normally would not increase the risk the denial of a change of status to F-1. (24.Dec.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more...

08:18 / FAQs / For Families / Student
24 Dec 2024

My brother is a U.S. citizen, and he filed a green card case for me a number of years ago. Can I port that priority date to my I-140?

Answer Unfortunately, no, you normally cannot use the priority date on a family-based case for an employment-based case. (24.Dec.2024)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 © 2024, MURTHY...

08:14 / Family Based / FAQs / For Families / Resident
18 Dec 2024

I have been living in the U.S. in H1B status for several years. While living here, I have formed a very close relationship with an elderly couple, both of whom are U.S. citizens. My own parents are deceased, and this couple wishes to adopt me and sponsor me for a green card. Is this possible?

Answer Even if it is possible for the couple to adopt you – and this would be based on state law – this would normally not help, from an immigration law perspective. To sponsor an adopted child under U.S. immigration law, the foreign national typically must...

07:50 / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Nonimmigrant Family / Resident / Worker
18 Dec 2024

I have been in H1B status for nearly six years, and I have a PERM case filed by Company A that has been pending for more than 365 days. Can Company B file an H1B petition for me requesting status beyond six years using the PERM filed by Company A?

Answer Yes. Generally, any employer may file an H1B for you requesting status in 1-year increments as long as the PERM filed by the other company remains pending. (17.Dec.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online...

07:45 / Employment Based / FAQs / For Individuals / Resident / Worker
11 Dec 2024

I am a U.S. citizen and wish to sponsor my 20-year-old unmarried daughter for a green card. I understand that, based on her age and marital status, she still qualifies as an immediate relative, but what happens if she turns 21 while the case is pending?

Answer You are correct that, because she is under 21 and unmarried, you can sponsor her as an immediate relative. This means she is not subject to the visa bulletin, and she will remain classified as an immediate relative while the case is pending, as long...

15:41 / Citizen / Family Based / FAQs / For Families / Immigrant Family / Resident
11 Dec 2024

I am currently in the U.S. in H1B status, but plan on traveling to India soon to apply for stamping. While filling out the DS-160 form, it asks for my address. Should I use my U.S. address or my address in India?

Answer If you are completing the DS-160 while in the U.S., you should use your U.S. address as your current address and your Indian address as the mailing address.If you are in India when filling the form, you can list your Indian address for both; or...

15:37 / FAQs / For Individuals / Travel / Worker
11 Dec 2024

I am a physician working in underserved area in order to waive my J-1 home residency requirement. I recently married a U.S. citizen. Do I have to complete my J-1 waiver process before my U.S. citizen husband can file the I-130 petition for me?

Answer Generally speaking, there is no need to complete the J-1 waiver requirement before the U.S. citizen spouse files the I-130 petition. (11.Dec.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs...

15:34 / Family Based / FAQs / For Families / Immigrant Family / Medical / Resident / Worker
04 Dec 2024

My employer recently filed an I-140 for me. I am currently single. If I later get married, how to add my spouse to my green card case?

Answer You do not need to add your spouse to your pending or approved I-140. When you are eventually eligible to file your I-485 adjustment-of-status application, or file for an immigrant visa at a consular post, you will be able to include your spouse at that...

13:49 / Consulates / Employment Based / FAQs / For Families / For Individuals / Resident