24 Sep 2020

My PERM is approved, and my priority date is current in October, but my I-140 is still pending. Do I have to wait for the I-140 to be approved before I can file my I-485?

Answer No, there typically would be no need to wait. Under normal circumstances, if the priority date is current, it is possible to file an I-485 while the I-140 is still pending. (24.Sep.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information...

20 Aug 2020

I saw that the September 2020 Visa Bulletin was just released, but there was almost no movement. Is there likely to be more movement next month?

Answer The new fiscal year starts on October 1, 2020, and with it, a new annual allotment of immigrant visas. Priority dates likely will advance in October, but we do not know yet how much movement there will be. (20.Aug.2020)Sheela Murthy and other senior attorneys provide...

20 Aug 2020

My I-140 is approved, but I just received a good job offer in India. I would like to work there for at least a few years. Can I do that without abandoning my I-140?

Answer Generally speaking, leaving the U.S. would have no impact on the validity of the I-140 approval. It typically is permissible to be outside the U.S., even for an extended period of time, and then apply for the green card later, when the priority date becomes...

13 Aug 2020

The PERM filed by my current employer was denied, and the appeal is now pending with BALCA. Can a different employer file another PERM case for me while the appeal is still pending?

Answer Yes, it normally is possible to have one employer file a PERM case for you, while another PERM is under appeal through a different employer. Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here....

15 Jul 2020

When is the absolute last point in time that a spouse can join on I-485 for employment-based green card?

Answer To be included as a "dependent" on an employment-based I-485 petition, one must be MARRIED before the lead applicant receives approval of the I-485. (13.Jul.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here....

08 Jul 2020

In the current situation, is premium processing time affected? Is the turnaround for premium processing the same as before?

Answer Premium processing time appears to be unaffected presently. However, given the current uncertainty regarding USCIS funding, it is unclear how long this will continue. (06.Jun.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here....

17 Jun 2020

I am a U.S. citizen, and my parents are currently visiting from India. They had planned on going home in May, but that has not been possible. Can I sponsor them for a green card now? Does President Trump’s executive order prohibit that?

Answer U.S. citizens normally can apply for their parents' "green cards" if they are physically present in the U.S. and have been legally admitted. This is done by filing an application for adjustment of status. The rules from the Trump administration, thus far, have had no...

09 Jun 2020

I am in India and have an approved H1B petition with a new employer. I was scheduled to get my H1B visa “stamp” in March, but the consulates were closed. Can the employer start a PERM case for me now? Or, do I have to wait until I come to the U.S.?

Answer Ordinarily, a U.S. company can initiate the PERM process at any time, even if the beneficiary has not yet joined the company and/or is not in the United States. (09.Jun.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our...

21 May 2020

I am a registered nurse from India, and am currently in the U.S. in H-4 status. I am seeking an employer willing to sponsor me for an employment-based green card case. Can you assist in finding me a sponsor?

Answer We are an immigration law firm. We are unable to assist foreign nationals with finding employment or a sponsor in the United States. If you are able to find a prospective employer, we would be honored to assist you and the employer with the immigration...