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22 Sep 2022

My EB2 I-485 was approved a few days ago. My wife’s I-485, which is also based on my I-140, is still pending. My priority date will no longer be current in October. What happens if her case is not approved before October 1st?

Answer The USCIS generally cannot approve an I-485 if the priority date of the underlying I-140 is no longer current. Therefore, if your wife's case is not approved before October 1st, it likely will remain pending until the date becomes current again (or some other action...

06:54 / Employment Based / FAQs / For Families / Immigrant Family / Resident
01 Sep 2022

My U.S. citizen brother sponsored me for a green card about 10 years ago. That case is still a long way from becoming current. Can I transfer that priority date to my I-140, which was just approved?

Answer No, unfortunately, it normally is not possible to transfer a family-based priority date to an employment-based case (or vice versa). (01.Sep.2022)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...

06:59 / Employment Based / Family Based / FAQs / For Individuals / Resident
18 Aug 2022

I have an approved I-140 from my previous employer. The priority date has been current for more than one year. My current employer is in the process of filing a PERM LC for me. Can I still keep the old priority date?

Answer Yes, the fact that you did not file an I-485 based on the old I-140 within one year normally would not impact your ability to retain the priority date. (18.Aug.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our...

08:13 / Employment Based / FAQs / For Individuals / Resident
10 Aug 2022

A few months ago, my husband and I were issued green cards based on his approved I-140. While our I-485 applications were pending, we separated. Our divorce is now close to being finalized. Will this put my green card in jeopardy?

Answer Generally speaking, as long as the couple is legally married at the time the green card is issued, getting divorced after the green card is issued would not impact the validity of that green card. (10.Aug.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies...

16:27 / Employment Based / FAQs / For Families / For Individuals / Resident
28 Jul 2022

After my U.S. employer filed a PERM for me, I was transferred overseas on a temporary assignment. My PERM was recently approved. Can the I-140 be filed now, or do I have to be in the U.S. when the I-140 is filed?

Answer Typically, there is no need to be in the U.S. when an I-140 is filed. (27.Jul.2022)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 © 2022, MURTHY LAW FIRM....

08:04 / Employment Based / FAQs / For Employers / For Individuals / Resident
28 Jul 2022

In 2016, my I-140 from Company A was approved. In 2019, I transferred that priority date to an approved I-140 filed by Company B. I then requested the priority date again be transferred to an I-140 filled by Company C. That I-140 is still pending. I now wish to move to Company D. Will I lose my priority date from Company A’s I-140 if I leave before Company C’s I-140 is approved?

Answer No, this should not impact your ability to retain the priority date from Company A's approved I-140. Unless the I-140 filed by Company A is revoked for fraud, willful misrepresentation, the invalidation of the underlying labor certification, or material error, you generally will be allowed...

08:01 / Employment Based / FAQs / For Individuals / Resident
15 Jun 2022

I am working based on an H-4 EAD, and I have a pending I-485 based on my husband’s EB2 case. My husband’s I-485 was just approved. Can I continue working based on my H-4 EAD?

Answer Once the principal spouse's green card is approved, that individual generally is no longer considered to be in H1B status. And, if the principal spouse is no longer in H1B status, the dependent spouse typically cannot be maintaining valid H-4 status (or continue to use...

21:07 / Employment Based / Family Based / FAQs / For Employers / For Families / For Individuals / Nonimmigrant Family / Resident / Worker
09 Jun 2022

I have a friend who got a green card issued more quickly because he filed a second I-485 instead of interfiling his upgrade case. Is filing a second I-485 really a better option to get a green card more quickly?

Answer Normally, filing a second I-485 is not recommended and does not result in the green card being issued more quickly. To the contrary, if the USCIS officer reviewing the case follows the proper procedure, filing a second I-485 typically will result in additional delay.To be...

06:30 / Employment Based / FAQs / For Individuals / Resident
02 Jun 2022

My wife and I filed I-485 applications based on her EB3 I-140. Can I now interfile my I-485 based on my EB2 I-140?

Answer Yes, generally speaking, the fact that one's I-485 is pending based on a spouse's I-140 would not prevent the person from interfiling based on one's own I-140 petition. (01.Jun.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...

07:15 / Employment Based / FAQs / For Families / For Individuals / Immigrant Family / Resident
02 Jun 2022

My H1B was not selected in the lottery, so I am going to continue working for my employer on STEM OPT. Is it possible for the company to initiate the PERM process for me now, or do I first need to get into H1B status?

Answer There is no requirement that a person be in H1B status for a company to initiate a PERM case for that individual.  (01.Jun.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more...

07:07 / Employment Based / FAQs / For Employers / For Individuals / Resident / Student