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26 Feb 2024

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

Posted at 07:23hin EB2 National Interest Waiver, Employment Based, For Individuals, InfoArticle, NewsBrief, 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....

04 Jan 2024

Posted at 07:54hin Employment Based, FAQs, For Employers, For Individuals, Resident
Answer In this situation, it may be possible for the education and experience to be used to qualify for an EB2 position. This, of course, assumes that the job being offered has EB2-level requirements. (04.Jan.2024) Sheela Murthy and other senior attorneys provide guidance that clarifies...

13 Dec 2023

Posted at 10:03hin HQ
After noting an inconsistency in the Visa Bulletin, U.S. Department of State & USCIS have updated all versions of January 2024 Visa Bulletin’s Dates for Filing chart with correct cut-off date of June 1, 2020, for EB2 China.

22 Nov 2023

Posted at 17:12hin Employment Based, FAQs, For Employers, For Individuals, Resident
Answer If there has been a material change to the nature of the position, that typically would require filing a new labor certification and I-140 petition for that new position. Fortunately, however, if you have an approved I-140, you should be able to retain the...

02 Nov 2023

Posted at 09:10hin FAQs, For Individuals, Resident
Answer No, you can use premium processing to get the result of the I-140 petition relatively quickly. If it is approved, you just will not be able to use it for purposes of applying a form I-485 adjustment of status application (or an immigrant vias...

17 Aug 2023

Posted at 06:47hin Employment Based, Family Based, FAQs, For Families, Immigrant Family, Resident
Answer Unfortunately, no. Priority dates cannot be transferred between employment-based and family-based petitions. (17.Aug.2023) 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.     Copyright © 2023, MURTHY...

15 Jun 2023

Posted at 07:13hin Employment Based, FAQs, For Employers, For Individuals, Resident, Worker
Answer There is no conflict between being in L1A status and having a PERM case filed on one’s behalf. Note, however, that the maximum amount of time a person may remain in L1A status is seven years. Unlike the H1B category, which allows a person...

09 Mar 2023

Posted at 08:10hin Family Based, FAQs, For Families, For Individuals, Immigrant Family, Resident
Answer Yes, in most situations, it is possible to be charged against a spouse’s country of birth when applying for a green card. This is known as cross-chargeability. The fact that the marriage took place after the I-140 was filed typically would not impact a...