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20 Nov 2024

I am filing a marriage-based case, and was told I should open a joint bank account as proof of a valid marriage. However, my spouse does not yet have a Social Security Number, so we cannot yet open a joint bank account. Will this create a problem with the I-130 petition?

Answer When filing a marriage-based I-130 petition, the petitioner must show that there is a bona fide marital relationship. A joint bank account or other evidence of financial comingling is often good evidence. But, if that is not available, other evidence can be used. (19.Nov.2024)Sheela Murthy...

06:53 / Family Based / FAQs / For Families / Immigrant Family / Resident
14 Nov 2024

New Administration: President-Elect Trump Taps Several Immigration Hardliners for Administration

Over the past several days, President-elect Donald Trump has selected several people to serve in his administration, which will start on January 20, 2025. All, unsurprisingly, have expressed views that parallel those the President-elect when it comes to immigration issues. Former ICE Director to Serve as...

12:07 / Consulates / Employment Based / Family Based / For Employers / For Families / For Individuals / Homeland Security / Immigrant Family / NewsBrief / Nonimmigrant Family / Resident / Student / USCIS News / Visa Bulletin / Worker
07 Nov 2024

USCIS and DOS Policies Impacting People with Unlawful Presence and Advance Parole

As explained in the MurthyDotCom InfoArticle, Differences Between: Lawful Status, Period of Authorized Stay, & Unlawful Presence (19.Apr.2022), leaving the U.S. after a prolonged stay beyond the expiration date of one's I-94 can trigger an automatic three- or ten-year bar. In 2012, the Board of...

11:11 / Consulates / Employment Based / Family Based / For Individuals / NewsBrief / Resident / Travel / USCIS News / Worker
06 Nov 2024

Can an employer sponsor me using the PERM process for a position that does not require a college degree?

Answer Yes, the types of recruitment will be different, but you can use the PERM process to sponsor a foreign national for a nonprofessional position. (05.Nov.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here....

06:46 / Employment Based / FAQs / For Employers / For Individuals / Resident
31 Oct 2024

After going through the lottery, I worked in H1B status for nearly five years. I then left the U.S. for a couple of years. I now found an employer willing to file an H1B for me. I do not have an approved I-140. If a company sponsors me for an H1B position now, has my H1B clock reset?

Answer In order to be eligible for a new six-year period of H1B time, one generally would need to be outside the U.S. for at least one year, and then go through the H1B lottery again.A person is generally allowed to use any remaining H1B time,...

17:25 / Employment Based / FAQs / For Employers / For Individuals / Resident / Worker