Answer There is no set limit for how long a person may remain outside the U.S. while an I-485 is pending, and the AP document generally remains valid as a travel document through the expiration date listed on the AP. However, the applicant must maintain a...
Answer You should consult with a knowledgeable immigration attorney about possible immigration consequences of your criminal record. Although you may have no conviction under the state law as a result of your successful probation, you still are likely to have a conviction for the purposes of...
Answer Your EAD and F-1 status are automatically extended for 180 days while your STEM OPT is pending. If you travel during this time, you should be able to come back with an expired EAD and the STEM OPT receipt notice. You should also be able...
Answer Unfortunately, there is presently a backlog in the family-based category for green card holders sponsoring a spouse for a green card. Until the priority date is current, no I-485 can be filed. It also is not typically possible to apply for an EAD based on...
Answer Yes. Generally speaking, paychecks that overlap for a period of time under these circumstances would be fine, from an immigration perspective. (18.Sep.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...
Answer In general, yes, this is permissible. There is a USCIS memo that says, as long as one I-140 petition was filed within the validity period of the labor certification, another I-140 petition can be filed. (11.Sep.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies...
Answer A person subject to a J-1 home residency requirement typically is not eligible to be granted a change of status to H1B or an H1B visa "stamp" from a consular post unless the individual first either completes the home residency requirement or obtains a waiver....
Answer Yes, at least for now, the USCIS should adjudicate these cases at around the same time. This is based on a settlement agreement that the USCIS entered into on January 25, 2023. The USCIS is only bound by this agreement for a few more months,...
Answer There is no statute or regulation that specifically addresses this issue. Over the years, however, there has been some guidance indicating (or, at least, implying) that traveling while an H1B extension of stay is permissible, and that the beneficiary's new I-94 will go into effect...
Answer No. Ordinarily, one's wife in this situation would not need an affidavit of support, because she can be credited with your 40 quarters of employment. (03.Sep.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click...
