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14 Jan 2021

I filed my I-485 application at the end of October, but I still have not received a receipt notice and my filing fee checks have not been cashed. Is there any way I can follow up on my application?

Answer The USCIS is experiencing significant delays in issuing receipt notices for the I-485s filed at lockboxes in October. You can try sending an eMail to the USCIS lockbox support at lockboxsupport@uscis.dhs.gov. However, it appears that many of these inquiries are going unanswered.  (14.Jan.2021)Sheela Murthy and...

07:32 / FAQs / For Individuals / USCIS News
14 Jan 2021

Given the processing delays for I-485 filings, is it possible the Biden Administration will eliminate the interview requirement for employment-based cases?

Answer The interview requirement for all employment-based I-485 applications was implemented by the Trump Administration in 2017. Undoubtedly, that is one of the factors that has led to USCIS processing delays. It is possible the Biden Administration could reverse this requirement. However, as of yet, there...

07:29 / FAQs / For Individuals / Resident / USCIS News
14 Jan 2021

I was working in H1B status but am now working for an affiliate in Canada. Can the U.S. company file a PERM case for me while I am outside the U.S.?

Answer Yes. Ordinarily, a company can file a PERM case for an individual regardless of whether the person is in the United States.  (14.Jan.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more...

07:26 / Employment Based / FAQs / For Employers / For Individuals / Resident / Worker
07 Jan 2021

My mother was admitted in B-2 status in February 2020. Prior to her I-94 expiring, she applied for a B-2 extension. That case is still pending. Is it true that she can stay for 240-days based on the pending extension?

Answer The 240-day rule applies to the extension of employment authorization for certain categories of nonimmigrant workers. It does not apply to B-2 applicants. Typically, if an application to extend status is timely filed, the applicant may remain in the U.S. in a period of authorized...

17:42 / FAQs / For Families / For Individuals / Travel
07 Jan 2021

The I-140 filed by my current employer was recently approved. If I move to a new employer now, do I still get to keep my priority date?

Answer Yes, once an I-140 has been approved, the beneficiary typically gets to retain the priority date. (07.Jan.2021)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 © 2021, MURTHY LAW...

17:39 / Employment Based / FAQs / For Individuals / Resident / Worker
30 Dec 2020

I failed to include the correct filing fee when I filed my I-485 in October, so the USCIS rejected it. Now, my priority date is no longer current. Can I refile now with the correct fee?

Answer If the I-485 application was properly rejected, one typically would not be able to refile the I-485 until the priority date is again current. (30.Dec.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here....

19:12 / FAQs / For Employers / For Individuals / Resident / Visa Bulletin / Worker
30 Dec 2020

My employer wishes to sponsor me for an L-1 position, but I am not able to get an appointment at the consulate. Can I enter on my B-1 visa and then apply for a change to L-1 status?

Answer Generally speaking, a foreign national is not permitted to enter the U.S. on a B-1 visa with the intention of applying for a change of status. (30.Dec.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services,...

19:09 / Consulates / FAQs / For Individuals / Travel / Visitor / Worker
24 Dec 2020

I hear there is now the possibility of a government shutdown, starting next week. Is that true?

Answer Unfortunately, yes! Everyone thought the shutdown was averted after representatives from the White House negotiated a compromise deal with Congress for a spending bill, which included a stimulus package. However, after Congress passed the omnibus spending bill, Trump announced that he was not happy with...

12:53 / Employment Based / FAQs / For Employers / For Individuals / Legislation / Resident / Worker