06 Jan 2026

I was recently scheduled for an interview regarding my pending I-485. My co-workers who already have employment-based green cards were never asked to go for an interview. Is this a cause for concern?

AnswerThe USCIS is now requiring in-person interviews for the vast majority of I-485 applicants. So, the fact that you have been scheduled for an interview, is not unusual and does not necessarily mean there’s cause for concern. As for your co-workers, this interview requirement is...

30 Dec 2025

I have an approved I-140 and my priority date will be current in January. I am temporarily working abroad and do not expect to return to the U.S. for a few months. Can I apply for my green card from here?

Answer In order to file an application to adjust status (form I-485), you must be in the U.S. at the time of filing. And, depending on the circumstances, it may be necessary to remain in the U.S. until and unless one obtains an advance parole (AP)...

30 Dec 2025

If I self-sponsor for a green card through the EB1(a) category, might the USCIS issue an RFE to my current employer, or otherwise check with my current employer and disclose that I filed this petition?

Answer Ordinarily, if a foreign national files an EB1(a) petition on their own behalf, the USCIS will not contact one’s existing employer in relation to the petition. (30.Dec.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services,...

10 Dec 2025

I have a pending employment-based I-485 application and recently married a woman in H1B status. Can she now file an I-485 based on my pending case?

Answer Yes, as long as the familial relationship was formed before your I-485 application is approved, your spouse normally can file as your derivative. (10.Dec.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access...

23 Oct 2025

A few years ago, my EB2 I-140 was approved based on my position as a Software Engineer. Last year, I went to India to work for our parent company as a manager for one year, and my employer is now filing an EB1(c) I-140 for me. Can I use the priority date from my Software Engineer position and apply it to my managerial position?

Answer Ordinarily, yes, the priority date from any I-140 petition filed for an EB1, EB2, or EB3 case can be applied for any other EB1, EB2, or EB3 case filed for the same beneficiary. (23.Oct.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law....