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15 Jun 2022

My H1B cap case was approved in 2014. After getting my H1B visa stamped, however, the company ran into financial problems. I ended up not ever coming to the U.S. in H1B status. I now have found a different company in the U.S. willing to hire me. Do I have to wait for next year’s lottery, or can the H1B be filed now?

AnswerThe USCIS technically considers a foreign national counted against the numerical H1B cap if he is granted a change of status to H1B, or if he is issued an H1B visa from a U.S. consulate abroad. Since you were issued an H1B visa, it should...

21:03 / Consulates / FAQs / For Employers / For Individuals / USCIS News / Worker
15 Jun 2022

My green card expires in a few months. I need to travel overseas for a few weeks, but will be back at least a couple of months before it expires. Is there any requirement that the green card be valid for at least six months when traveling?

Answer No, there is no such requirement. You likely are thinking of the rule that requires the passport to be valid for at least six months beyond a nonimmigrant's anticipated stay in the United States. But even that "rule" only applies to passports issued by countries...

20:59 / FAQs / For Individuals / Resident / Travel
09 Jun 2022

I am a U.S. citizen. About 5 months ago, my mother entered in B-2 status to visit me and her grandchildren. At the last minute, we decided to apply for a green card for her. I filed the I-130 and I-485 for her, and those cases are still pending. Can my mother remain in the U.S. after her I-94s expire?

Answer Ordinarily, it is possible to remain in the U.S. in a period of authorized stay based on a pending I-485 application.  (08.Jun.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs...

06:45 / Family Based / FAQs / For Families / Immigrant Family / Resident / Visitor
09 Jun 2022

During my I-485 interview, the officer issued me an RFE for a police report. I provided the document within a few days. How long does it take to process an I-485 application once an RFE is responded to?

Answer Typically, the USCIS does not provide a specific breakdown of processing times based on whether an RFE has been issued, responded to, etc. Rather, the USCIS processing times webpage simply lists processing times based on the type of case and the field office or service...

06:35 / FAQs / For Individuals / Resident / USCIS News
09 Jun 2022

I have a friend who got a green card issued more quickly because he filed a second I-485 instead of interfiling his upgrade case. Is filing a second I-485 really a better option to get a green card more quickly?

Answer Normally, filing a second I-485 is not recommended and does not result in the green card being issued more quickly. To the contrary, if the USCIS officer reviewing the case follows the proper procedure, filing a second I-485 typically will result in additional delay.To be...

06:30 / Employment Based / FAQs / For Individuals / Resident
02 Jun 2022

My wife and I filed I-485 applications based on her EB3 I-140. Can I now interfile my I-485 based on my EB2 I-140?

Answer Yes, generally speaking, the fact that one's I-485 is pending based on a spouse's I-140 would not prevent the person from interfiling based on one's own I-140 petition. (01.Jun.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...

07:15 / Employment Based / FAQs / For Families / For Individuals / Immigrant Family / Resident
02 Jun 2022

My H1B extension was approved recently, but my wife’s H-4 extension is still pending. She now needs to travel to India. Can she apply for an H-4 visa now? Or does she need to wait for the USCIS to approve the H-4 extension?

Answer Normally, there is no need to wait for an I-539 to be approved in order to apply for an H-4 visa at a consulate. If the applicant can show that the principal spouse is in valid H1B status, the consulate typically has the authority to...

07:11 / Consulates / FAQs / For Families / For Individuals / Nonimmigrant Family / Travel / Worker
02 Jun 2022

My H1B was not selected in the lottery, so I am going to continue working for my employer on STEM OPT. Is it possible for the company to initiate the PERM process for me now, or do I first need to get into H1B status?

Answer There is no requirement that a person be in H1B status for a company to initiate a PERM case for that individual.  (01.Jun.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more...

07:07 / Employment Based / FAQs / For Employers / For Individuals / Resident / Student
26 May 2022

I am a U.S. citizen, and just turned 21. I would like to sponsor my parents for green cards; but as a full-time student my income is limited. Any options to still sponsor them?

Answer In completing an I-864 Affidavit of Support form, the individual sponsoring a family member for permanent residence normally must demonstrate income at a level equal to or above 125 percent of the federal poverty guideline level. If the sponsor does not have a sufficient annual...

05:55 / Family Based / FAQs / For Families / Immigrant Family / Resident
26 May 2022

A few years ago, my employer filed an H1B extension for me. My I-94 expired shortly after the petition was filed. Then, the USCIS denied the petition and I left the U.S. as quickly as I could (2 or 3 days after I learned of the denial). I am now applying for a B-1/B-2 visa. Do I have to disclose this info on my DS-160, or was my brief stay following the denial covered by a grace period?

Answer Generally speaking, if an H1B extension is timely filed, the H1B worker may remain in the U.S. for as long as the petition remains pending. If the petition is denied, the individual normally is eligible a grace period of up to 60 days or the...

05:50 / FAQs / For Individuals / Visitor / Worker