23 Apr 2025 I am in EB2 and my priority date is current in EB3. I would like to interfile and request an EB3 downgrade, but I am no longer with the employer that filed the I-140. Can I downgrade and then request AC21 portability to my current employer?
Answer When you interfile a downgrade or upgrade request, you are informing the USCIS that you intend to work for the employer listed on the interfiled I-140 petition when your I-485 is approved. If you do not intend to work for this employer, then you...09 Apr 2025 Are EB2 India and EB3 India green card visa numbers shared, or does each category have its own annual limits?
Answer Nearly every green card category, including EB2 and EB3, has its own annual allotment of visa numbers. Then, if there are immigrant visa numbers remaining and unused in one employment-based (EB) category, they can be used for the next level of EB numbers. Even...05 Mar 2025 My employer is filing an EB2 case for me, and I will need to use work experience to qualify. I understand I can only use experience I have gained with the employer filing my PERM case if certain conditions are met. Is experience I gained with my employer’s affiliate subject to the same restrictions?
Answer If the U.S. affiliate has a separate FEIN from the company sponsoring you, then experience gained with that affiliate is not subject to the “on the job” experience restrictions. The same typically is true for a foreign affiliate that is a separate business entity....05 Feb 2025 For my EB2 case, I need to get an experience letter from my former employer. Is it ok if the letter just confirms the dates of my employment, or does the letter have to provide information on my previous job duties?
Answer According to the applicable regulation, experience letters must include a specific description of the duties performed. (05.Feb.2025) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here. ...19 Sep 2024 Overview of I-140 Downgrade from EB2 to EB3 Preference Category
Posted at 07:35hin Employment Based, For Employers, For Individuals, InfoArticle, NewsBrief, Resident, Visa Bulletin
Until relatively recently, the employment-based, second preference (EB2) category for India historically enjoyed a more favorable cutoff date in the monthly visa bulletin than its employment-based, third preference (EB3) counterpart. This is no longer the case, however, prompting an increase in interest among Indians in...11 Sep 2024 If I have a PERM case with an I-140 approved in EB2, can I then use that case to file an I-140 in EB3 even if the labor certification has expired?
Answer In general, yes, this is permissible. There is a USCIS memo that says, as long as one I-140 petition was filed within the validity period of the labor certification, another I-140 petition can be filed. (11.Sep.2024) Sheela Murthy and other senior attorneys provide guidance...29 May 2024 I am Indian born and my EB2 case has a 2017 priority date. My daughter will turn 21 later this year, so I know she will age out before my case becomes current. If I make an EB5 investment, can I use that to get a green card for the entire family, or will she still age out? I see EB5 India is backlogged on the visa bulletin in one place, but not in other places, so I am not clear whether I have missed my chance to file.
Answer The EB5 category is a bit confusing on the visa bulletin because it is divided into four separate subcategories. There is EB5 Unreserved, and then three different Set Asides – rural, high unemployment, and infrastructure. If you invest in any of the Set Asides,...26 Feb 2024 EB2 or EB3: Understanding the Difference
Posted at 08:50hin AOS/CP, EB2 PERM Labor, EB3 PERM Labor, For Employers, For Individuals, Immigrant Petition (I-140), NewsBrief, PERM Labor, Visa Bulletin
The Murthy Law Firm periodically receives questions from those who do not know the categories of their pending employment-based permanent residence (“green card”) cases. This is a useful piece of information, which determines timeframes and options for an individual or family. While generally available from...08 Jan 2024 Overview of the EB2 National Interest Waiver
Posted at 07:23hin EB2 National Interest Waiver, Employment Based, For Individuals, InfoArticle, Resident, USCIS News
To apply for status as a lawful permanent resident (“LPR”) in an employment-based category, a foreign national typically must be sponsored by a U.S. employer. One exception to this, however, is the national interest waiver (NIW), which falls under the employment-based, second preference (EB2) category....