Usefull Resources and FAQs

Who this is for: - Couples where one partner is a U.S. citizen or permanent resident and the other is a foreign national seeking a green card. Two paths in plain English - Adjustment of Status (AOS): File inside the U.S. (I-130 + I-485). You generally stay here while the case is decided. You can usually apply for work authorization (I-765) and advance parole (I-131) while waiting. - Consular Processing: File I-130 first; the interview happens outside the U.S. at a U.S. embassy/consulate. You enter as a permanent resident after approval. Which fits your situation? (quick screen) - Currently in the U.S. with a lawful last entry and eligible to adjust → AOS is usually simpler. - Living outside the U.S., or ineligible to adjust → Consular is typically required. Overstays/unauthorized work: - Certain immediate relatives of U.S. citizens may still be eligible to adjust; others may need consular with waivers. What changes day-to-day? - AOS: Stay in the U.S.; work/travel only after EAD/AP approval; in-person USCIS interview. - Consular: Live abroad (or depart for interview); no U.S. work authorization before entry; medical + interview at consulate. Outcome type - Under 2 years of marriage at approval → CR-1 (conditional); 2+ years → IR-1 (10-year). Next steps: See our Family-Based page for timelines, documents, and fees. Ready to move? Book a marriage-based consult.

Who this is for: - Employers and professionals exploring H-1B sponsorship for specialty-occupation roles. Two buckets - Cap-subject: Most private employers; limited annual numbers and a selection process. - Cap-exempt: Certain nonprofits, universities, and research orgs (and roles affiliated with them). Can file year-round without the cap. Core eligibility - Job: Specialty occupation (usually bachelor’s in a specific field or higher). - Worker: Holds the required degree/credentials (or equivalent). - Wages & compliance: Employer pays at least the prevailing wage and follows LCA rules. High-level timeline (cap-subject) 1. Position define + prevailing wage & LCA 2. Registration/selection window (if applicable) 3. Petition prep (form, support letter, evidence) 4. Filing (regular or premium) → approval/consular or change-of-status Employer checklist - Accurate job description tied to a specific degree field - Organizational docs (EIN, FEIN letter), payroll/wage evidence - LCA posting & compliance file - Candidate’s degree equivalency (if foreign), experience letters, credentials Alternatives/bridges - Cap-exempt route, O-1 (extraordinary ability), TN/E-3 (nationals of certain countries), STEM OPT extensions, etc. Next steps: See our Employment-Based page for details. Not sure you qualify? Book an H-1B strategy call.

Who this is for: - Anyone waiting on a family- or employment-based green card who keeps hearing “your priority date isn’t current.” The gist: - Your priority date (PD) is your place in line (usually your I-130/I-140 filing date; for some EB cases, the PERM filing date). - The Visa Bulletin publishes monthly which PDs are “current” by category and country. - Two charts matter: Final Action Dates (Chart A) and Dates for Filing (Chart B). USCIS announces each month which chart AOS filers may use. How to read it (step-by-step) 1. Find your category (e.g., F2A, EB-2). 2. Find your country column (All Chargeability or country-specific). 3. Compare your PD to the chart date: - PD earlier than the chart date → current. - PD later → not current (still waiting). 4. Filing AOS in the U.S.? Check which chart USCIS allows this month. Chart B may let you file earlier, but only Chart A allows final approval. Common scenarios - Retrogression: Dates move backward. If you filed AOS when eligible, your case can remain pending; approval waits until current. - Cross-chargeability: Sometimes you can use a spouse’s country of birth. - EB category changes: EB-3 ↔ EB-2 moves are possible; do not abandon a pending path lightly. While you wait - AOS filers: pursue EAD/AP, maintain status, update address, respond to RFEs. - Consular: keep NVC case “documentarily qualified” so you can move when a visa becomes available. FAQs - What’s the difference between Chart A and Chart B? Chart B is for filing; Chart A is for final approval. - Do I lose my place if dates retrogress? No; approval pauses until current again. - Can I work while waiting? If you filed AOS and have an EAD, yes. Want a priority-date check? - Book a case review • See our Family- and Employment-Based pages for category details.

Who this is for: - Visitors, students, and others who overstayed or are worried about travel and reentry risks. Core concepts - Overstay = remaining past the authorized period (often the I-94 “Admit Until” date; some statuses show “D/S”). - Unlawful presence (ULP) is a legal clock that can trigger reentry bars when you depart the U.S.: - >180 days ULP + departure → 3-year bar - ≥365 days ULP + departure → 10-year bar - Certain repeat violations after removal can trigger a permanent bar Overstay alone doesn’t trigger the bar until you leave. Travel decisions matter. Important nuances - Many immediate relatives of U.S. citizens can still adjust status despite overstays; facts control. - Counting ULP has exceptions (e.g., minors); it’s technical. - Waivers may exist for some bars, often based on extreme hardship to a U.S. citizen/LPR spouse or parent (not the applicant). Permanent-bar issues are different. Common questions - Can I travel while AOS is pending? Not safely without Advance Parole—and even then, get legal advice. - Does marriage “fix” everything? It can open AOS for many, but not all. - ESTA/B-1/B-2/F-1 overstay—what now? Don’t depart impulsively; get a strategy review. What to do next: - Do not travel until you’ve had a lawyer review. - Gather I-94s, entry/exit records, I-20/DS-2019s (if any), approvals, and timeline evidence. - Evaluate AOS vs. consular strategy and any waiver options before making moves. Get a risk assessment - Book a consultation • See our Family-Based and Humanitarian & Special pages.