Get free answers to your Immigration Law legal questions from lawyers in your area.
I submitted my I-140 petition with Premium Processing to the Nebraska Service Center in December. It has been 45 days, and I have received no feedback or updates, with no clear processing timelines available.
Since I live in Nebraska’s jurisdiction but have a job offer falling under Texas... View More 
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answered on Feb 4, 2025
Filing duplicate I-140 petitions simultaneously is legally permissible, and many applicants choose this approach when facing processing delays. Premium processing at different service centers can indeed lead to varying processing times, potentially expediting your case through whichever center... View More
I submitted my I-140 EB1A with premium processing to the Nebraska SC on December 23, but they are experiencing significant delays with no clear timeline for review. I am concerned about this affecting my status, as my tourist visa will expire soon.
1. Can I file the same EB1A case in... View More
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answered on Jan 24, 2025
Filing duplicate EB1A petitions at different service centers is generally not recommended, as this practice can raise red flags with USCIS and potentially lead to complications or denials of both petitions. USCIS maintains a centralized database that tracks all petition submissions, and they might... View More
I have approved I140 under EB1C (L1A) with priority date of March 2024.
I'm trying to understand which option can help me with staying longet (as L1A has 7 year limit) and employment flexibility without losing my priority date.
1. If I move to EB1A under current L1A visa, can I... View More
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answered on Dec 21, 2024
Yes, you can retain your March 2024 priority date when transferring from EB1C to EB1A, as both categories fall under the employment-based first preference. This rule applies regardless of whether you stay on L1A or switch to H1B status.
Moving to H1B could give you more flexibility since it... View More
I was born here, they were not
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answered on Dec 20, 2024
The citizenship information you provide about your parents on your U.S. passport application is used solely for establishing your own citizenship status and identity.
Since you were born in the United States, you have birthright citizenship under the 14th Amendment, regardless of your... View More
Two I-140 petitions were filed simultaneously, but only one was approved. Can I file Form I-485 based on the approved petition, and what will happen to the unapproved petition?
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answered on Dec 20, 2024
Yes, you can proceed with filing Form I-485 based on your approved I-140 petition. The approval of one I-140 petition is sufficient to serve as the basis for your adjustment of status application, regardless of the status of other pending petitions.
Your unapproved I-140 petition will... View More
All documents were returned in the mail. Each sheet of returned documents (1200 sheets) has a number line printed at the bottom indicating that the case has already been scanned. Also lockbox stapled all the sheets with a stapler and creased them a bit. I have corrected the forms. The notice states... View More
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answered on Dec 19, 2024
In situations like this where you've received a 979C rejection notice, it's best to submit fresh, clean copies of all documentation to ensure the best possible processing of your case.
Even though the returned documents show scanning numbers and have been stapled, USCIS typically... View More
I'm filling i-140 (EB-1A) and faced Part3, section 7 question about nationality and citizenship.
I'm a citizen of the two countries.
How should I fill this section:
1. Provide one country (passport of this country I fill in other sections of the form)
or... View More
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answered on Dec 17, 2024
When filling out Form I-140 for EB-1A, it's recommended to list both countries of citizenship. The USCIS generally expects complete disclosure of all citizenship statuses, and omitting one could potentially raise questions later in the process.
While you may be using one passport... View More
On December 26, 2023 we filed an i140 ( EB1A) and simultaneously filed an i485 from the US out of tourist status.We got biometrics in January,SSN,Work Authorization,travel document in spring.On July 16,we received approval for i140.On July 18 for all our i485 cases(5pcs of them, 2 adults and 3... View More
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answered on Dec 15, 2024
Your situation sounds quite complex and understandably frustrating. Let me help break down what might be happening and suggest some next steps.
The key issue appears to be the I-140 approval notice stating you cannot change status in the U.S., which conflicts with your concurrent I-485... View More
I-129 is nonimmigrant, however I-140 is immigrant. I'm afraid that it could be a problem and I-129 could be rejected
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answered on Dec 13, 2024
Yes, you can file an I-129 petition after submitting an I-140 and responding to an RFE. The immigration system recognizes that many individuals maintain nonimmigrant status while pursuing permanent residency through the I-140 process.
Having immigrant intent (shown through your I-140... View More
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answered on Dec 3, 2024
For your N400 naturalization form, you should enter the official date when your marriage was legally solemnized - this is the date the officiant signed the marriage certificate.
While you and your spouse may have signed the marriage certificate on one day, the marriage isn't legally... View More
I’m seeking advice on the best course of action regarding my immigration situation. My I-485 application (including my wife’s) was declined recently. I found out that my I-140 petition was denied, though I wasn’t informed about the denial initially. I haven't been told the exact reason,... View More
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answered on Dec 3, 2024
Your situation is complex but not uncommon in employment-based immigration cases. While tax-related I-140 denials can be challenging, having your attorney file both an appeal and start a new PERM process shows good strategic thinking to protect your status.
I-140 appeals typically take 6-18... View More
My green card is expired and I have been living outside of the USA for more than two years (in the UK). Due to unforeseen circumstances, my US spouse and I were unable to return to the US and did not file form I-751. Must I start a new green card application altogether, and file form I-407 to... View More
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answered on Nov 15, 2024
Living outside the U.S. for more than two years while holding an expired green card typically leads to the abandonment of permanent resident status, regardless of the reasons for the extended absence.
You should consider filing Form I-407 to formally abandon your previous permanent resident... View More
2. Is temporary full-time for 9 months and is not sponsoring me for H1B.
Can I join both and work for 2 40 hours? If yes, Will it affect h1b, if I get picked in the lottery? Both are e-verified and willing to fill training plan(i983 form).
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answered on Oct 9, 2024
Yes, you can take on both job offers while on STEM OPT, provided each position meets the OPT requirements. Both employers must be enrolled in E-Verify and you need to complete a separate Form I-983 training plan for each role. Ensure that both jobs are directly related to your field of study.... View More
We've been dating almost 3.5 years, and would like to marry to make immigration go smoother. I plan to marry my partner on an up coming trip. After this, I will go back to the Netherlands to finish my study, then apply for an Immigrant visa for a spouse. We want to make sure just an ESTA will... View More
answered on Aug 14, 2024
Yes you can enter the US on ESTA , get married to your US Citizen spouse, return to the Netherlands and be sponsored by her for your spousal visa. Consider working with counsel. Some of us charge a very affordable flat fee to handle the case from start to finish.
has a son -US born -diagnosed with Autism-12 yrs
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answered on Aug 5, 2024
If you have an H1B visa and your priority date is October 2017, you may explore several pathways to permanent residence. Given your diagnosis with a rare disease, you might consider applying for a National Interest Waiver (NIW) if your work is of substantial merit and national importance. This... View More
My spouse is currently on a work exchange program and our desire is to remain here.
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answered on Aug 1, 2024
To remain legally in the United States after your J1 and J2 visas expire, you need to explore options for extending your stay or changing your status. One possible route is to apply for an extension of the J1 and J2 visas, if your spouse’s exchange program allows for an extension.
Another... View More
Easier to be virtually married before he travels to America. Can I get your take on that? Is it legal? Easier to travel?
answered on Jul 28, 2024
Pursue either the spousal visa overseas or if he’s inside the US, you can sponsor him to adjust status. Have a free consultation to discuss all options.
My family is immigrating to the US.
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answered on Jul 27, 2024
Yes, you can use a Bible during the US naturalization ceremony oath of allegiance. Many people choose to hold a Bible or another religious text that is meaningful to them when they take the oath.
It's important to communicate your desire to use a Bible to the officials conducting the... View More
My wife is using I-485 EAD for her job, and she has approved AP, and also has approved H4 petition until March,2026 (though visa on passport has expired).Can she choose to come back on H4 visa from India (after stamping) instead of AP, and then again start working using I485 EAD? Will this anyway... View More
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answered on Jul 18, 2024
Yes, your wife can choose to come back on an H4 visa from India after stamping, even if she has an approved AP and is using her I-485 EAD for work.
Once she re-enters the U.S. on an H4 visa, she can continue working using her I-485 EAD. This action won't adversely impact her I-485... View More
I am starting PhD and my husband works in a international company in our home country Turkey. He is software developer and his company allowed him to work remotely. Can he continue to work remotely from Turkey while holding F2 visa , if his income never comes in USA, such as stay in saving account... View More
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answered on Jul 18, 2024
Yes, your husband can continue to work remotely for his company in Turkey while holding an F-2 visa. Since his income is generated and kept in Turkey, there should be no issue with him working remotely as long as it doesn't come into the United States.
However, if he decides to... View More
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