11 Dec 2024

I am currently in the U.S. in H1B status, but plan on traveling to India soon to apply for stamping. While filling out the DS-160 form, it asks for my address. Should I use my U.S. address or my address in India?

Answer If you are completing the DS-160 while in the U.S., you should use your U.S. address as your current address and your Indian address as the mailing address.If you are in India when filling the form, you can list your Indian address for both; or...

11 Dec 2024

I am a physician working in underserved area in order to waive my J-1 home residency requirement. I recently married a U.S. citizen. Do I have to complete my J-1 waiver process before my U.S. citizen husband can file the I-130 petition for me?

Answer Generally speaking, there is no need to complete the J-1 waiver requirement before the U.S. citizen spouse files the I-130 petition. (11.Dec.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...

04 Dec 2024

My employer recently filed an I-140 for me. I am currently single. If I later get married, how to add my spouse to my green card case?

Answer You do not need to add your spouse to your pending or approved I-140. When you are eventually eligible to file your I-485 adjustment-of-status application, or file for an immigrant visa at a consular post, you will be able to include your spouse at that...

27 Nov 2024

I have a pending I-485, and recently filed a Supplement J based on my move to a new employer. Do I need to file anything for my wife’s I-485?

Answer Assuming your wife's I-485 was filed based as your dependent, normally nothing would need to be filed for your spouse in this situation. (26.Nov.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access...

27 Nov 2024

I don’t have my birth certificate from my home country. What alternate documents will U.S. immigration officials accept for birth documentation for my green card case?

Answer The U.S. Department of State’s visa reciprocity schedule lists civil documents, such as birth and marriage certificates, that are acceptable alternative documents based on one's country of birth. (26.Nov.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...

27 Nov 2024

After working in India for several years as a manager, my employer transferred me to its U.S. subsidiary in H1B status. For the company to sponsor me for EB1(c), do I have to move to L1A status, first?

Answer No, there is no requirement that you be in L1A status for your employer to sponsor you for an EB1(c) position. If you meet the requirements for EB1(c), whether you are in H1B or L-1 status generally has little-to-no impact. (26.Nov.2024)Sheela Murthy and other senior...

20 Nov 2024

I want to use my spouse’s country of birth as the basis for my I-485 filing. However, she is going to be applying for consular processing. Can that be done?

Answer Unfortunately, no, this is not generally possible. For you to use cross chargeability, you and your spouse typically must pursue your green cards using the same process. So, either you must both apply for adjustment of status, or you must both apply for consular processing....

20 Nov 2024

My H1B and my wife’s H-4 are both valid for another year. I am in the process of changing employers, and my new employer will be filing an H1B change-of-employer petition for me soon. Does my spouse need to file an I-539 to extend her H-4 status together with my H1B?

Answer Your spouse does not need to extend her H-4 status, given that her current I-94 is valid for another year. However, we usually recommend that the H-4 spouses file a new I-539 in these circumstances so that their H-4 end date matches the expiration of...