Immigration – Frequently Asked Questions

Can an attorney's office call the INS Service Center regarding my case? Can your office get the INS to expedite my case?

It can be difficult to speak with an immigration officer at the INS office. Our attorneys can only speak to an immigration officer regarding your case after the processing time indicated on your receipt notice has passed. And even then it may take us several days to get through to an officer. Before the expiration of the processing time indicated on your receipt notice, we can only make inquiries on the INS's automated information telephone line.

Is it true that if I contact my Senator or Congressman they can get the INS to expedite my case?

Your Senator or Congressman cannot usually intercede to expedite your case. If significantly more time than the estimated processing time listed on your notice of receipt has lapsed, an elected official may be able to make an inquiry regarding the status of your case if there is a compelling reason to do so, but he/she usually cannot influence the outcome of your case.

What can I do to get my case expedited?

The INS will review and grant requests to expedite cases only under very limited circumstances. When the immigration benefit is urgently needed in a time frame that is less than the INS's normal processing time and the need for expedited processing was not the fault of the applicant or petitioner (example: the filing was made late), or when there is a great humanitarian basis to consider, the INS will consider requests for expeditious handling. Under all other circumstances, requests to expedite will not be considered and may even delay processing. The arrival of an alien's six-(6) year limit in H-1B status is not a basis for seeking expedited adjudication of an I-140.

Why would it take longer than the processing time stated on my ‘Notice of Receipt’ to process my case?

The processing times indicated by the INS on your Notice of Receipt are estimated processing times only. They do not guarantee that your case will be decided by a certain date and they are subject to change by the INS at any time without notice.

Do I need to get advanced parole to travel outside the U.S. on my current nonimmigrant visa?

Adjustment of status (I-485) applicants who maintain valid H-1 and L-1 nonimmigrant status do not need to obtain advance parole prior to traveling outside the U.S. if they travel in possession of a valid H-1 or L-1 nonimmigrant visa and the original I-797 receipt notice for the adjustment of status application. All other nonimmigrants with pending adjustment applications must still obtain advance parole before traveling outside the U.S.

When the six (6) years of my H-1B time expires, can I then remain in the U.S. by changing my status to that of an H-4 dependent based upon my spouse's H-1B status?

INS regulations permit an alien to spend a maximum of six (6) years in the U.S. in H status, without differentiating between H-1B and H-4 classifications. The law does not therefore seem to allow a change of status from H-1B to H-4 after the six years have been expended.

Why did I get a Request for Evidence on my case?

Requests for Evidence are becoming more and more common in all types of cases with the current atmosphere at the INS. Many times they may ask for items which you have already submitted or which may not be legally required for your case. Our attorneys can help you deal with these requests quickly. A request for evidence is not an indication that your case will be rejected.  It is merely a request for further documentation and must be responded to for your case to be a success.

I am a Canadian "Landed Immigrant" (a permanent resident of Canada). Can I apply for consular processing of U.S. permanent residency at a U.S. consul in Canada?

Generally Canadian consuls will allow Landed Immigrants to process for permanent residency. We can contact the consulate in question to determine their specific procedure for your case.

What is the procedure for renewing an expired EAD?

Routine EAD applications should be processed through the Service Centers. Emergency applications will be accepted by INS District Offices. The District Office has discretion to determine whether the presented circumstances constitute an emergency.

If my H-1B status is due to expire before my I-140 is approved, what options do I have? Can I change to F-1 (student) status in order to remain lawfully present until I am able to file my I-485 to adjust my status to that of a permanent resident?

You may change status to F-1 or any other nonimmigrant classification for which you are qualified. You may also leave the country and pursue consular processing rather than adjusting your status within the U.S.

Can I work for an employer before I receive my H-1B approval, even if I am not paid? Can I be paid for services rendered after the H-1B approval is approved?

Volunteer services for a prospective employer may constitute unauthorized employment if the alien will ultimately derive some benefit from the work. If the alien expects future compensation or benefits, volunteer work may violate the alien's current status. Working on an employment-prohibited visa can permanently bar an alien from adjustment of status in the future.

Can I "recapture" time I spent outside of the U.S. during my H-1B eligibility to buy more time in that status after the end of my six years?

In some circumstances, aliens who have reached the end of their six year H-1B eligibility, but who have spent significant periods of time outside of the U.S. during that time, may be able recapture time spent outside the U.S. The INS requires that the time spent outside the U.S. be "meaningfully interruptive" of the alien's H-1B employment (e.g., sick leave but not vacations). The burden of proof lies with the petitioning employer and the INS is granted wide discretion in determining whether there was meaningful interruption of employment.

Do I have to get my medical exam done in the state where I live and work or can it be done by any designated "civil surgeon"?

All applicants for adjustment of status are required to have a medical examination performed by any civil surgeon who has been designated by the INS.

How long do the medical exam results remain valid?

Medical exam results are valid for one year.

What will happen to my status and employment authorization if my F-1 Practical Training expires before I have an H-1B approval?

You must retain valid employment authorization at all times in order to work in the U.S. If your F-1 practical training expires before you have H-1B approval, you must be removed from your company's payroll and cease working; however, if you maintained valid nonimmigrant status through the filing of your H-1B petition, you may remain physically in the U.S. while that petition is pending, even if your time in F-1 status expires before you receive a decision from the INS.

What is the "yellow sheet" which, if sent to the Service Center, will expedite my I-485 processing?

The INS is issuing a yellow sheet to some I-485 applicants late in the processing procedure which requests a letter from the alien's employer indicating that he/she is still employed there and that the terms of employment stated in the I-140 continue to exist. We do not recommend submitting such a letter unless the INS requests it.

I know about other immigration cases that are progressing faster than mine. Why would this happen?

It is not generally useful to compare the progress of your case with that of a friend's case. Various factors influence the rate of progression of a case, including cooperation of all parties (employer and alien) in getting information and documents turned around quickly, and (most importantly) changing government processing times. Processing times with the INS and other agencies frequently change quickly, drastically, and without warning.

Do my husband / wife / spouse automatically have H-4 status if I am granted H-1B status?

Your spouse must apply for H-4 status.

Do I automatically obtain permanent resident or U.S. citizen status if I marry a U.S. citizen?

No. After you marry a U.S. citizen, your spouse must file a Petition for Alien Relative and you must make an application for adjustment of status in order for you to be granted permanent residency status.

Can I stay in the United States while my spouse's petition  on my behalf is pending - if I marry a permanent resident?

No. Your permanent resident spouse's filing of a Petition for Alien Relative does not preserve your status in the U.S. You must maintain some other immigration status in order to remain in the U.S. lawfully for the several years it may take for a visa to be available under this family category.