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24 Mar 2026

I have a pending I-485 application for adjustment of status and decided not to renew my H1B and to switch to my EAD. Am I still in an immigration status?

Answer A pending I-485 application alone does not grant an immigration status but instead places the applicant in a period of authorized stay, which means the applicant can be present in the United States without accruing unlawful presence. (25.Mar.2026)Sheela Murthy and other senior attorneys provide guidance...

22:51 / Employment Based / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Nonimmigrant Family / Resident / Worker
24 Mar 2026

I am now eligible to file for adjustment of status based on the dates-for-filing chart (Chart B) and my spouse and children will be applying with me. Will filing based on Chart B lock in my child’s age under the Child Status Protection Act (CSPA)?

Answer As of 08.Aug.2025, the USCIS rescinded the policy that allows a child’s age calculation under the CSPA to be based on Chart B. Since then, only the final-action chart (Chart A) is used to calculate a child’s age under the CSPA. (25.Mar.2026)Sheela Murthy and other...

22:47 / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident
18 Mar 2026

My H-4 EAD renewal is still pending and my current EAD will expire soon. Because of processing delays, my work authorization may be interrupted, and I will need to stop working. Can I file a writ of mandamus lawsuit to force USCIS to adjudicate my H-4 EAD application?

Answer This may be an option provided that the H-4 EAD renewal has been pending for longer than what a court might consider reasonable. (17.Mar.2026)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access...

06:16 / FAQs / For Employers / For Families / For Individuals / Nonimmigrant Family / USCIS News / Worker
18 Mar 2026

I am from a country subject to the travel ban / visa pause, and my U.S. citizen spouse would like to sponsor me for a green card. Is there an exception to the travel ban for immediate relatives of U.S. citizens?

Answer The initial travel ban established by Presidential Proclamation 10949 for certain high-risk countries included a categorical exception for immediate family members of U.S. citizens. However, the subsequently issued Presidential Proclamation 10998 that halted visa processing for an expanded list of countries removed that categorical exception...

06:11 / FAQs / For Families / For Individuals / Homeland Security / Immigrant Family / Worker
18 Mar 2026

Our company is trying to determine the correct Standard Occupational Classification (SOC) code for an employee’s H1B petition. Do the employee’s own degree credentials factor into this analysis?

Answer Typically not, as occupational classifications are determined based on the job duties and other details of the position, independent of the particular employee’s credentials. (17.Mar.2026)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here....

06:06 / FAQs / For Employers / For Individuals / Worker
03 Mar 2026

My minor child may age out of their eligibility to immigrate as my dependent. Can my child file an EB5 petition as the main applicant?

Answer This is legally possible. However, if the child is under 18, advance planning is required to ensure that any investment agreements or related contracts signed by the child are legally valid and enforceable in the jurisdiction where they are signed. (03.Mar.2026)Sheela Murthy and other senior...

08:33 / EB5 Investor / FAQs / For Families / For Individuals / Immigrant Family / Investor / Resident