Answer Ordinarily, a denial issued on an EB1 petition would have no negative consequences for your existing EB2 petition. (10.Sep.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. Copyright © 2025,...
Answer Generally speaking, an H-4 visa “stamp” remains valid through the expiration date listed on the document. Changing status to B-2 typically would not prevent a person from later using the visa to request admission in H-4 status, assuming the principal spouse is in valid H1B...
Answer If you interfile a prior employer’s I-140 to upgrade or downgrade, you are telling the USCIS that you plan to work for the prior employer once your green card is issued. That employer must still have a bona fide job available for you, and you...
Answer Priority date retention happens at the I-140 stage. Requesting retention of a priority date does not void or otherwise invalidate the original I-140’s PERM application. If Company A chooses not to withdraw the I-140, it continues to remain valid for immigration purposes, even if that...
Answer As a general matter, children age out at 21 years of age and are no longer eligible as derivative beneficiaries. That is, they are no longer eligible to immigrate with the family as a dependent. However, under the Child Status Protection Act, children are sometimes...
Answer The OPT time does not work like H1B time. In most circumstances, once you use any portion of your OP, the rest is ‘use it or lose it.’ (02.Sep.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...
Answer Because this petition is requesting a change of status, and not simply a change of employer while already in H1B status, it is necessary to wait for the H1B petition approval before starting employment again. (27.Aug.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies...
Answer No. An approved PERM labor certification is employer-specific and normally cannot be transferred. The new employer would need to file their own PERM application. (27.Aug.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here....
Answer A startup normally can file green card cases as soon as the company has sufficient income or, in some cases, investments, to establish its ability to pay the offered wage. It is about the company being in a position to offer the job and able...
Answer If the college was accredited at the time the degree was conferred, the degree typically can be used to meet a PERM position’s degree requirements. (20.Aug.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click...
