04 Nov 2020

Teleconference: New H1B Regulations and New Prevailing Wages

The proposed new H1B Regulations regarding specialty occupation, employer-employee relationship, and increased vetting of employers who employ H1B workers are discussed in the November 04, 2020, teleconference. Murthy Law Firm attorneys also discuss the Interim Final Rule on higher Department of Labor Prevailing Wages, which...

15 Oct 2020

Can I file my EB3 downgrade case using premium processing?

Answer UPDATE: The American Immigration Lawyers Association (AILA) reports that some members have successfully made premium processing requests with I-140 downgrade petitions. However, many others have reported that their premium processing requests were rejected, and some even had their entire petitions rejected because of the accompanying...

15 Oct 2020

I am filing an EB3 downgrade case. I read online that, if I use my I-485 EAD (as opposed to staying on H1B,) I will no longer be eligible to upgrade back to EB2. Is that true?

Answer For our clients who are on H1B, we normally recommend that they remain on H1B until the green card is issued, if possible. The main reason for this is as a simple precaution in case the I-485 is denied. (i.e., If an I-485 applicant maintains...