19 Jan 2023

I am not able to get an experience letter from my previous employer. To show I qualify for an EB2 position, can I instead submit affidavits from my former coworkers?

Answer A letter from the previous employer is typically preferred. But, yes, if it is not possible to get such a letter, it may be possible to use coworker affidavits as evidence of past employment experience. (19.Jan.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies...

12 Jan 2023

About five years ago, my sister, who is a U.S. citizen, sponsored me for a green card. Can I use that priority date for my EB3 case sponsored by my employer?

Answer No, unfortunately, it normally is not possible to take a priority date from a family-based case and apply it to an employment-based case. (12.Jan.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access...

22 Dec 2022
15 Dec 2022

My green card was approved recently and I have no plans to leave my position with the sponsoring employer. However, I am interested in earning some additional money by selling goods online. My employer has no objections to this. Would this jeopardize my green card?

Answer Once an employer-sponsored green card is issued, the expectation typically is that the beneficiary will work for the sponsoring employer in the position listed on the I-140. If the person works in that position, while also earning money through a second job, entrepreneurship, etc, this...

13 Oct 2022

My I-140 was approved in the EB2 NIW category. The NIW was approved based on my work related to cancer research and statistical analysis. Am I allowed to move into a different field of research / statistical analysis while my I-485 is pending?

Answer The NIW requires an intention to continue to work in the field of expertise. So, while there is no specific job offer requirement, the entire case is based upon one’s qualifications and the benefit prospectively to the United States that is likely to come from...

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Answer The USCIS generally cannot approve an I-485 if the priority date of the underlying I-140 is no longer current.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...

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...