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27 Oct 2022

My employer is filing my H1B extension and my wife’s H-4 extension. However, they told me I needed to file for her H-4 EAD extension separately, on my own. Can I apply for her EAD extension while the H-4 extension is still pending? Or do I need to wait for the H-4 extension to be approved?

Answer Assuming the H-4 spouse qualifies, it normally is possible to file for an H-4 EAD extension (or initial H-4 EAD) while an H-4 extension is still pending. (26.Oct.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online...

07:08 / FAQs / For Families / Nonimmigrant Family / Worker
27 Oct 2022

The USCIS recently denied my L1A petition because they said the U.S. position did not appear to be managerial. The U.S. position is very technical, so we now want to reapply under the L1B category. How long do we have to wait after the L1A denial before filing the L1B petition?

Answer There is no set amount of time one must wait to file an L1B petition after an L1A petition is denied. In fact, it is even possible to file another L1A petition immediately following an L1A denial. However, filing a second L1A petition generally would...

07:04 / FAQs / For Employers / For Individuals / Worker
20 Oct 2022

My father is a green card holder and filed a green card case for me a couple of years ago. I was in India at the time, so the case was filed for consular processing. Now, I am in the U.S. as an F-1 student. Can I apply for adjustment of status now?

Answer The fact that the I-130 petition was filed for consular processing would not prevent the beneficiary from instead applying for adjustment of status. However, until the priority date is current, it generally is not possible to file an I-485 application. (19.Oct.2022)Sheela Murthy and other senior...

09:41 / Family Based / FAQs / For Families / Immigrant Family / Resident / Student
20 Oct 2022

My wife and I are Canadian, and she is coming to the U.S. to work in H1B status. I work as an engineer for a Canadian company, and my employer allows me to work remotely. Could I work for the Canadian company from the U.S. in TN status?

Answer In certain circumstances, it is possible to work in the U.S. in TN status for a Canadian employer. However, it appears this is only permissible if the TN worker will be performing services for a U.S. entity. For instance, if your Canadian employer has a...

09:36 / FAQs / For Individuals / Worker
20 Oct 2022

I entered the U.S. in B-2 status to visit my daughter. Shortly before my I-94 expired, I applied for an extension, which is still pending. I am now scheduled to leave the U.S. next week, but USCIS just scheduled me for biometrics the week after I leave. Should I reschedule my flight so I can attend the biometrics appointment?

Answer In most situations, there would be no need to stay in the U.S. just to attend the biometrics appointment. Yes, failing to attend the biometrics will likely result in the I-539 being denied. However, if the I-539 was timely filed, and you then leave the...

09:30 / FAQs / For Individuals / Travel / Visitor
13 Oct 2022

I was born in India, but recently became a citizen of Canada. My husband is an Indian citizen and is in the U.S. in H1B status. Do I have to go to the consulate to get an H-4 visa stamp?

Answer Generally speaking, Canadian citizens are visa exempt and do not require an H-4 visa to be admitted in H-4 status. (12.Oct.2022)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...

08:49 / FAQs / For Families / H-4 Dependents / Nonimmigrant Family / Travel
13 Oct 2022

My I-140 was approved in the EB2 NIW category. The NIW was approved based on my work related to cancer research and statistical analysis. Am I allowed to move into a different field of research / statistical analysis while my I-485 is pending?

Answer The NIW requires an intention to continue to work in the field of expertise. So, while there is no specific job offer requirement, the entire case is based upon one’s qualifications and the benefit prospectively to the United States that is likely to come from...

08:38 / EB2 National Interest Waiver / Employment Based / FAQs / For Individuals / Resident
05 Oct 2022

I am a U.S. citizen and am sponsoring my brother for a family-based green card. Will the pending I-130 prevent him from being issued an H1B?

Answer Unlike most nonimmigrant visa categories, the H1B category allows for dual intent. Therefore, a pending (or approved) family-based green card case normally would not impact a person's ability to apply for H1B status. (05.Oct.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law....

18:23 / Family Based / FAQs / For Individuals / Resident / Worker
05 Oct 2022

My employer filed an EB2 case for me, and I have a 2021 priority date. Given that I was born in India, it appears I will have to wait a very long time for a green card. I have a child with a medical condition and obtaining a green card would be especially helpful to provide him with more long-term stability regarding medical care. Is it possible to request that USCIS expedite my case?

Answer Although there is a process for requesting that a petition be expedited, this would be for the USCIS to adjudicate a particular case. Unfortunately, the USCIS cannot "expedite" a priority date becoming current. (05.Oct.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law....

18:20 / FAQs / For Individuals / Resident