The Immigration Answer Man - Ari Sauer

Attorney Ari Sauer answers questions on U.S. immigration law.

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Am I able to port my pending employment-based I-485 Application for Adjustment of Status to a new employer?

Porting an Application for Adjustment of Status (I-485) to a new employer under AC21 By Ari Sauer, partner and immigration lawyer at the Siskind Susser Law Firm. Last updated: August 17, 2025 QUESTION: My company filed an I-140 immigrant petition for me which was approved two years ago. My I-485 application for adjustment of status was filed a year ago. I have another company interested in…

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QUESTION: How long should I expect USCIS to take to process my application?

By Ari Sauer, partner and immigration lawyer at the Siskind Susser Law Firm. Last updated: May 4, 2025 QUESTION: How long should I expect USCIS to take to process my application? THE IMMIGRATION ANSWER MAN: Different applications or petitions have different processing times based upon what form was filed, what preference category a petition is filed under, and which USCIS office is processing…

QUESTION: How long should I expect USCIS to take to process my application?

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I was issued the immigrant visa under the Conditional Resident (CR1) category, but I will be entering the US for the first time after our 2nd anniversary. Will I get a 10-years green card?

I was issued the immigrant visa under the Conditional Resident (CR1) category, but I will be entering the US for the first time after our 2nd anniversary. Will I get a 10-years green card?

QUESTION: My US citizen wife sponsored me for an immigrant visa. I was issued the immigrant visa under the CR1 category, because I was issued the visa before our 2nd anniversary. But I will enter US for the first time after our two-year anniversary. Will I get a 10-years green card, or will I get a 2-years green card? Do I need to inform the CBP officer at the port of entry that I have been…

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O-1 Visas

Attorneys Ari Sauer, Greg Siskind, and Jason Susser talk about 0-1 Visas. Please note that the information in this video is the current best available information as of July 15th, 2020. The discussion about O-1 visas starts at 22:00 minutes into the video. As the situation is constantly evolving, we recommend…

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Travel Ban Strategies

Attorneys Ari Sauer and Greg Siskind talk about options and strategies for those affected by the various current U.S. immigration travel bans. Please note that the information in this video is the current best available information as of July 8, 2020. As the situation is constantly evolving, we recommend that you…

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What happens if the USCIS officer does not have my whole file at the time of my green card (I-485) interview?

What happens if the USCIS officer does not have my whole file at the time of my green card (I-485) interview?

QUESTION: I am a US citizen. I filed an I-130 Petition for Alien Relative for my mother, and then separately filed an I-485 Application to Adjust Status green card application for her. She was interviewed for her I-485 application in March. We received the approval for her I-130 petition in April. But we are still waiting for the approval of her green card. It looks like the two applications were…

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Summary of changes to the Public Charge Rule

Summary of changes to the Public Charge Rule

Attorney Greg Siskind, from my law firm, authored a summary of the new changes to the Public Charge Rule. These long-anticipated and controversial changes expand the government’s use of a provision of the Immigration and Nationality Act barring the admission of immigrants deemed to likely become a “public charge”. The rule will cover all immigrants and non-immigrants seeking admission to the US,…

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I got my green card through my employer 9 months ago. Am I allowed to change employers?

I got my green card through my employer 9 months ago. Am I allowed to change employers?

QUESTION: I am a nurse who was sponsored by my employer/petitioner as an EB-3. I have had my green card for 9 months and have been working for them since I got my green card. I have been having some issues with my employer and wish to change employers, but my employer says that I could put my green card in jeopardy if I leave them now. Is this true?

THE IMMIGRATION ANSWER MAN – ARI SAUER: From…

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Can a work authorization card (EAD) holder start a new job after their EAD expires but within the 180-day extension of work authorization while their I-765 is pending?

Can a work authorization card (EAD) holder start a new job after their EAD expires but within the 180-day extension of work authorization while their I-765 is pending?

QUESTION: I am in L-1A visa status and applied for extension. We also applied for an extension of my wife’s L-2 visa status and her work authorization (EAD). Her EAD has expired but we received the receipt notice for the EAD extension. She has an offer to start working with a new employer. Can she start the new job now and work for up to 180 days while her application is pending?

  THE…

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How do I know if my medical examination report (I-693) has expired and I need to bring a new one to the interview?

How do I know if my medical examination report (I-693) has expired and I need to bring a new one to the interview?

QUESTION: I have just been scheduled for my green card interview. How do I know if my medical examination report has expired and I need to bring a new one to the interview?

THE IMMIGRATION ANSWER MAN – ARI SAUER: Almost all applicants for Adjustment of Status (Form I-485) must submit a Report of Medical Examination (Form I-693) at some point in the process. We are no longer required to submit…

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Will traveling abroad before my Advance Parole is issued cause my application for Work Authorization to be denied?

Will traveling abroad before my Advance Parole is issued cause my application for Work Authorization to be denied?

QUESTION: I applied for Work Authorization (EAD) and Advance Parole along with my I-485 application. Will travel before the Parole is approved forfeit just my Parole application or will that also cause the denial of my application for EAD?

THE IMMIGRATION ANSWER MAN – ARI SAUER: The answer depends on what immigration status you hold.

If you are not in valid H-1B, H-4 (for spouse or child of…

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Can I have both an H-1B visa and an H-4 visa at the same time?

Can I have both an H-1B visa and an H-4 visa at the same time?

QUESTION: I have a valid H1B visa stamp. But my employer in the US does not have a project for me to work on at the moment so I cannot come to the US using my H1B visa. My husband also has a valid H-1B visa stamp and is in the US.  For personal reasons I need to travel to him urgently. Can I apply for an H4 visa? If I am granted an H4 visa will that cancel my H1B visa? If I come to the US on an…

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Can I expedite my I-130 application due to my petitioning father's advanced age?

Can I expedite my I-130 application due to my petitioning father’s advanced age?

QUESTION: My father is a US citizen. He filed an I-130 application for me in 2012, which was approved in 2012. At the time I was unmarried, but I got married in 2014. My father is 92 years old and since my I-130 changed from the F1 category to the F3 category, I am worried that he may no longer be here by the time I can apply for a visa. Is there any way to expedite our application, based on my…

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As a green card holder, how long can I stay outside of the country before I abandon my green card?

As a green card holder, how long can I stay outside of the country before I abandon my green card?

QUESTION: Is there a specific amount of time that a green card holder can spend outside the US without abandoning their green card?

  THE IMMIGRATION ANSWER MAN – ARI SAUER: US Permanent Residents (green card holders) are required to maintain the US as their primary permanent residence. When a Permanent Resident fails to maintain the US as their permanent residence the US government can…

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What do I do when I become a US citizen after filing an I-130 petition for my spouse?

What do I do when I become a US citizen after filing an I-130 petition for my spouse?

QUESTION: I filed an I-130 petition for my wife, who is in India. When I filed the I-130, I was a permanent resident. Now I am a citizen. What is the process for having USCIS process my I-130 as the wife of a US citizen?

THE IMMIGRATION ANSWER MAN – ARI SAUER: When an I-130 is filed under the F-2A preference category, as the spouse of US permanent resident, and the petitioner later is…

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My father filed an I-130 for me when he was a Permanent Resident. I got married before my father became a US citizen. Is the petition he filed for me still valid?

My father filed an I-130 for me when he was a Permanent Resident. I got married before my father became a US citizen. Is the petition he filed for me still valid?

QUESTION: I am from India. My father filed an I-130 immigrant petition for me under the F2B category in 2012. I did not know the immigration rules, and I got married in 2014. My father became a citizen in 2015. I only now found out about the immigration rule that I should not have gotten married until after my father became a citizen. Is there any chance for me to get a visa under the F3 category…

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I came to the US on an F-1 student visa. Am I subject to the Unlawful Presence 3-year or 10-year bar?

I came to the US on an F-1 student visa. Am I subject to the Unlawful Presence 3-year or 10-year bar?

QUESTION: I came to the US on an F-1 student visa. I overstayed my I-20 document by more than 180 days. If I have to leave the country to get a new visa, will I be subject to the 3-year bar?

ARI SAUER – THE IMMIGRATION ANSWER MAN: Your question is regarding the Unlawful Presence bar. A foreign national who enters the US without inspection or who enters on a visa and overstays their expiration…

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