27 Nov 2024

I have a pending I-485, and recently filed a Supplement J based on my move to a new employer. Do I need to file anything for my wife’s I-485?

Answer Assuming your wife's I-485 was filed based as your dependent, normally nothing would need to be filed for your spouse in this situation. (26.Nov.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access...

27 Nov 2024

After working in India for several years as a manager, my employer transferred me to its U.S. subsidiary in H1B status. For the company to sponsor me for EB1(c), do I have to move to L1A status, first?

Answer No, there is no requirement that you be in L1A status for your employer to sponsor you for an EB1(c) position. If you meet the requirements for EB1(c), whether you are in H1B or L-1 status generally has little-to-no impact. (26.Nov.2024)Sheela Murthy and other senior...

20 Nov 2024

I want to use my spouse’s country of birth as the basis for my I-485 filing. However, she is going to be applying for consular processing. Can that be done?

Answer Unfortunately, no, this is not generally possible. For you to use cross chargeability, you and your spouse typically must pursue your green cards using the same process. So, either you must both apply for adjustment of status, or you must both apply for consular processing....

06 Nov 2024

Can an employer sponsor me using the PERM process for a position that does not require a college degree?

Answer Yes, the types of recruitment will be different, but you can use the PERM process to sponsor a foreign national for a nonprofessional position. (05.Nov.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here....

31 Oct 2024

After going through the lottery, I worked in H1B status for nearly five years. I then left the U.S. for a couple of years. I now found an employer willing to file an H1B for me. I do not have an approved I-140. If a company sponsors me for an H1B position now, has my H1B clock reset?

Answer In order to be eligible for a new six-year period of H1B time, one generally would need to be outside the U.S. for at least one year, and then go through the H1B lottery again.A person is generally allowed to use any remaining H1B time,...

23 Oct 2024
16 Oct 2024

I was working in the U.S. on H1B, and my employer agreed to transfer me to a foreign office to work as a manger for one year so I could qualify for EB1(c). I am now ready to return to the U.S. Is it true I need to enter on L1A to be eligible for the EB1(c) category?

Answer No, that is not correct. Whether you come to the U.S. on L1A or H1B should have no impact on your eligibility for the EB1(c) category. (16.Oct.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services,...

09 Oct 2024

We wish to start the PERM green card process for an employee, but the U.S. Department of Labor wage data is significantly higher than what we have seen being paid for this position in this market. Is there anything we can do?

Answer You may wish to consider obtaining an alternative wage survey, as this may show a more realistic wage for your area. The DOL may be able to consider that while issuing their wage determination.  (08.Oct.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the...

02 Oct 2024

I just completed my medicals for my I-485 filing. For how long will my medical be valid? 

Answer Medicals signed by a Civil Surgeon after 01.Nov.2023 are considered valid indefinitely. (01.Oct.2024)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 © 2024, MURTHY LAW FIRM. All Rights Reserved...

25 Sep 2024

I wish to sponsor myself under the EB1(a) category. Do I still have to pay the asylum program fee, since there is no employer sponsoring me?

Answer Yes, the asylum program fee is still required, even if there is no employer. If you are self-petitioning, the fee is reduced to $300, which is the same fee that small employers pay. (25.Sep.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law....