Answer If you are maintaining valid L-1 status and have an unexpired L-1 visa stamp in your passport, you generally may travel internationally while your I-485 application is pending. The only issue with such travel typically would be that, if you also applied for advance parole...
Answer Yes. Ordinarily, the case will remain in the premium processing track until it is approved or denied. The USCIS normally will issue a final decision – or, less likely, issue a second RFE or a notice of intent to deny (NOID) – within 15 business...
Answer Yes, we expect that this executive order will be challenged in federal court, and it seems more likely than not that a federal court will rule this order is not enforceable. (30.Sep.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information...
Answer It is no wonder you are confused. The guidance posted has been incredibly vague and confusing. There is reason to believe that current H1B workers are exempt from the fee. But, until the USCIS issues clear rules on when the fee applies, we cannot say...
Answer If you interfile a prior employer’s I-140 to upgrade or downgrade, you are telling the USCIS that you plan to work for the prior employer once your green card is issued. That employer must still have a bona fide job available for you, and you...
Answer Priority date retention happens at the I-140 stage. Requesting retention of a priority date does not void or otherwise invalidate the original I-140’s PERM application. If Company A chooses not to withdraw the I-140, it continues to remain valid for immigration purposes, even if that...
Answer Because this petition is requesting a change of status, and not simply a change of employer while already in H1B status, it is necessary to wait for the H1B petition approval before starting employment again. (27.Aug.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies...
Answer No. An approved PERM labor certification is employer-specific and normally cannot be transferred. The new employer would need to file their own PERM application. (27.Aug.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here....
Answer A startup normally can file green card cases as soon as the company has sufficient income or, in some cases, investments, to establish its ability to pay the offered wage. It is about the company being in a position to offer the job and able...
Answer Neither the PERM labor certification process nor I-140 petition imposes any travel limitations on the sponsored employee. Travel considerations typically become a concern when the employee is pursuing the actual green card application process. (20.Aug.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the...
