19 May 2026

We realized after my company filed the ETA Form 9089 that there was a mistake on the application. Can it be corrected after filing?

Answer No. The U.S. Department of Labor typically does not permit typographical error corrections for a filed ETA Form 9089. In some cases, if the recruitment advertisements are still valid, the employer may be able to withdraw the application and refile a corrected ETA Form 9089....

19 May 2026

My EB1C priority date became current a few years ago, but I did not file my Form I-485 at that time. I later entered the U.S. in L1A status and planned to apply for adjustment of status with my family. Is there any issue with applying for a green card after waiting a few years after my priority date became current?

Answer As long as the qualifying job offer underlying the approved Form I-140 immigrant petition remains valid, there is typically no specific deadline by which a person must file the Form I-485 application for adjustment of status after the priority date becomes current. (19.May.2026)Sheela Murthy and...

12 May 2026

I was not selected in the H1B lottery. Does that mean my employer cannot proceed with the PERM labor certification process for me?

Answer There is no requirement that an employee be in H1B status for an employer to pursue the PERM labor certification process on the employee’s behalf. An employer may generally begin the PERM process regardless of whether the employee was selected in the H1B lottery or...

06 May 2026

My H1B was approved, and I worked in the U.S. for three years. I then spent two years abroad. Can I use the remaining three years of H1B time, or do I need to go through the lottery again?

Answer In most cases like this, you may use the unused portion of your initial six-year H1B period and would not need to reenter the lottery. (06.May.2026)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click...

29 Apr 2026

Is there a way to check the status of my pending PERM application while the ETA Form 9089 is processing with the U.S. Department of Labor (DOL)?

Answer Yes. General PERM processing times can be found on the DOL's FLAG website. If you have your case number, you can check the specific status of your case using the DOL's Case Status Search tool. (29.Apr.2026)Sheela Murthy and other senior attorneys provide guidance that clarifies...

22 Apr 2026

I was selected in the H1B lottery, but my registration listed a different work location than where I actually will be working. Can my employer file the H1B petition for the new location?

Answer Yes. The USCIS has stated that it will not deny a new or amended H1B petition solely because the work location differs from the one listed in the original registration. However, the proffered wage must continue to meet or exceed the same OES wage level...

16 Apr 2026

My employment-based I-485 application has been pending for more than 180 days, and I have moved to a new employer and want to request AC21 portability. Should I proactively send in a Form I-485 Supplement J, or wait for an RFE?

Answer In this scenario, it would be advisable to proactively send in the Supplement J form, as USCIS will not necessarily issue an RFE. (14.Apr.2026)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access...

31 Mar 2026

I was not selected in the H1B lottery. What other options are available for me to remain and work in the United States?

AnswerThere may be other options available to you, as explained in the MurthyDotCom NewsBrief, Options if Not Selected in the H1B Lottery (01.Apr.2024). It would be advisable to discuss these options further with a qualified immigration attorney. (31.Mar.2026)Sheela Murthy and other senior attorneys provide guidance...