01 Apr 2019

I was born in India, but moved to England at the age of 3 and became a British citizen. Is it possible to use my country of citizenship in applying for a green card?

Answer Generally, one is counted against the country of birth (or spouse's country of birth), not country of citizenship.There are limited circumstances in which one's country of citizenship can be used - typically, this occurs when the child is born in a country where neither parent...

01 Apr 2019

I am in H1B status and am in the process of applying for a green card. If a doctor gives me a prescription for medical marijuana, will that impact my green card case?

Answer One needs to be VERY careful with this. Although many states have legalized marijuana, it is still classified as a Schedule A drug under federal law (the same classification as drugs like heroin and cocaine). Even if state law allows the use of marijuana for...

01 Apr 2019

I am in F-1 status, and two unrelated companies filed H1B change-of-status petitions for me in this year’s lottery. If the cases are selected, and both are approved, do I have to notify the USCIS as to which employer I am joining?

Answer In general, if one has multiple H1B petitions approved for change of status, it would be possible simply to choose the employer for whom one prefers to work. The other employer/s then would withdraw their approval/s. (01.Apr.2019)In frequent sessions of our Chat, Sheela Murthy and...

25 Mar 2019

Do the EB1(a), EB1(b), and EB1(c) categories have different final action dates in the visa bulletin?

Answer All EB1 classifications are subject to the same final action dates. (25.Mar.2019)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click here.Access more FAQs here. Copyright © 2019, MURTHY...

25 Mar 2019

I applied for an H1B visa at the consulate, but was issued a 221(g) several months ago. The U.S. employer grew tired of waiting and fired me. My wife is in the U.S. in H1B status. Can I now apply for an H-4 visa?

Answer There is nothing preventing one in this situation from scheduling another interview and applying for an H-4 visa. You likely will be asked to withdraw the pending H1B, which is of little impact, as the job is no longer available anyway. (25.Mar.2019)In frequent sessions of...