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14 Aug 2024

I have an H1B petition valid through 15.Dec.2024, and my extension with the same employer was approved through 2027. I am applying for a visa stamp next month and plan to return to the U.S. in November. Will the consulate issue me a visa through 15.Dec.2024, or will they issue it through 2027, based on my extension?

Answer On the DS-160, there is an option to include information regarding a second I-797 approval notice. Generally speaking, in this situation, one should include both approvals in the DS-160, and request during the interview that the visa be issued for the longer duration. (14.Aug.2024)Sheela Murthy...

06:38 / Consulates / FAQs / For Employers / For Individuals / Travel / Worker
14 Aug 2024

Many years ago, my U.S. citizen brother filed an I-130 petition for me. At the time, I was working in H1B status. But eventually, I got tired of waiting and left the U.S. I have just learned that my priority date soon will become current. What is the next step I should take to apply for a green card?

Answer If your brother’s I-130 indicated that you would apply for adjustment of status in the U.S., he should file a form I-824 to have the U.S. Citizenship and Immigration Services (USCIS) transfer it to the National Visa Center (NVC). If the I-130 indicated you would...

06:32 / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident
14 Aug 2024

I have an approved I-140 and my I-485 has been pending for more than 180 days. I understand that I am allowed to port my case to a same-or-similar position. Is this allowed for a position where I would be self-employed?

Answer Yes, if the position meets the standard AC21 requirements, it is feasible to port one's case to a position that involves self-employment. Before doing so, however, it probably would be a good idea to discuss this with an attorney. (14.Aug.2024)Sheela Murthy and other senior attorneys...

06:28 / Employment Based / FAQs / For Individuals / Resident
07 Aug 2024

I applied for naturalization based on three years of marriage to my U.S. citizen spouse. Do I still need to list my travel history for the last 5 years on the N-400 application?

Answer No, in this situation, you only need to list your travel history for the last 3 years. (07.Aug.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 here.  Copyright © 2024, MURTHY...

07:48 / Citizen / Family Based / FAQs / For Families / For Individuals / Resident / Travel
31 Jul 2024

I saw the announcement that the master’s cap was reached, but that the USCIS would be holding a second lottery for the regular cap. My case was filed for the master’s cap. Does that mean my case won’t be eligible for the second lottery?

AnswerGenerally speaking, if a case was filed in the master's cap but not selected, it is then placed in the lottery for the regular cap. Now, with a second lottery being conducted for fiscal year 2025 cap cases, both the regular and master's cap cases...

04:46 / FAQs / For Employers / For Individuals / H1B / USCIS News / Worker
24 Jul 2024

My employer filed an I-140 for me, which is currently pending. I have only spent about 60 days in total in the U.S. since the I-140 was filed. Is there a rule that I must complete at least 180 days in the U.S. in order for the I-140 to be approved?

Answer No, there is no minimum amount of time you must be in the U.S. before an employer may file an I-140 for you, or before the I-140 can be approved. In fact, there is no requirement that the individual be in the U.S. at all...

07:40 / Employment Based / FAQs / For Employers / For Individuals / Resident / Travel