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09 Jan 2020

My H1B extension has been pending for a few months, and is beyond the “receipt date for a case inquiry” posted on the USCIS website. I asked my employer to check with the USCIS on the case, but they would like to give it more time. Can I contact USCIS to check on the case?

Answer Generally speaking, only the petitioning employer or the employer's legal representative may submit a case inquiry to the USCIS for a pending H1B petition. (09.Jan.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here.Access...

09:58 / FAQs / For Employers / For Individuals / Worker
02 Jan 2020

I will soon be completing a J-1 medical residency program. I read online that it is possible to get a “no objection” waiver to the J-1 home residency requirement. How do I apply for this?

Answer There is a no objection waiver to the home residency requirement. Generally speaking, however, if a foreign national used the J-1 program to attend a medical residency program, they would not be eligible to use the no objection option. (02.Jan.2020)Sheela Murthy and other senior attorneys...

11:38 / FAQs / J-1 Exchange / Medical / Physicians / Worker
02 Jan 2020

Several years ago, my I-140 from Employer A was approved with a June 2015 priority date. Last year, I received an approved I-140 from Employer B, which lists the same June 2015 priority date. If I decide to move back to Employer A, can I transfer the priority date back to Employer A’s I-140?

Answer You don't exactly "transfer" the priority date from one I-140 to another. Rather, assuming the initial I-140 has not be revoked for fraud, misrepresentation, revocation of the LC, or material error, the beneficiary generally can retain that priority date for any other I-140. Doing so...

11:33 / Employment Based / FAQs / For Individuals / Resident
26 Dec 2019

A few years ago, my H1B petition was selected in the lottery and approved for consular processing, but I never got my H1B visa stamp and I never worked in H1B status. If I find a job in the U.S., do I have to go through the lottery again?

Answer The USCIS technically only considers an H1B applicant counted against the numerical H1B cap if s/he is granted a change of status to H1B, or is issued an H1B visa from a U.S. consulate abroad. Absent one of the above, the USCIS may deny a...

11:47 / Consulates / FAQs / For Employers / For Individuals / Worker
26 Dec 2019

I am finishing a J-1 program and am subject to the home residency requirement. Prior to beginning the J-1, I lived in India. Once I am done with the program, however, I will be moving to live in Australia. If I live in Australia for two years, will that satisfy the home residency requirement?

Answer Generally speaking, a person is required to live in the previous country of residency – in your case, India. Living in Australia normally would not meet this requirement. (26.Dec.2019)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...

11:44 / FAQs / For Individuals / J-1 / J-1 Exchange / Medical / Student / Worker
26 Dec 2019

My H-4 EAD extension is pending and will expire next week. I will lose my job if it is not renewed before then. Can I ask the USCIS to expedite my case?

Answer It certainly is possible to request the USCIS to expedite a pending H-4 EAD application, but the USCIS is very reluctant to expedite EAD applications. In fact, earlier this year, the USCIS updated the Adjudicator's Field Manual to state that "[t]he need to obtain employment...

11:40 / FAQs / For Families / Nonimmigrant Family / USCIS News / Worker
19 Dec 2019

I was born in India, but just received citizenship in Canada. Can I now move to the Canada queue for a green card?

Answer Generally speaking, in the green card context, an applicant is charged against the country of birth, not the country of citizenship. Becoming a British citizen typically would have no impact on the green card process. (18.Dec.2019)Sheela Murthy and other senior attorneys provide guidance that clarifies...

13:25 / Employment Based / FAQs / For Individuals / Resident / Worker
19 Dec 2019

After I entered in TN status, I got married to a U.S. citizen. We recently filed my I-130 and I-485, but my TN job is likely going to end in a couple of weeks. If that happens, do I have to leave the U.S.?

Answer Normally, a person may remain in the U.S. based on a pending I-485 application. If the TN job ends, it likely will be necessary to stop working until the EAD is issued (or you get a TN petition approved through a new employer). (18.Dec.2019)Sheela Murthy...

13:22 / Family Based / FAQs / For Individuals / Resident / Worker
19 Dec 2019

I am in H-4 status and am enrolled in university in New York. My husband just got a great job offer for an H1B position in Minnesota. Can I stay in New York to finish my studies, or does the H-4 spouse have to live in the same place as the H1B spouse?

Answer There is no requirement that an H-4 spouse live with the principal H1B spouse. As long as he maintains valid H1B status, you normally would remain eligible for H-4 status, even if you are not currently living in the same household. (18.Dec.2019)Sheela Murthy and other...

13:19 / FAQs / For Families / For Individuals / Nonimmigrant Family / Worker