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02 Jun 2026

I heard that the DHS reversed course on the recent 21.May.2025 AOS memo and now says that most immigrants seeking green cards will not need to leave the U.S. to complete the process. Can you please clarify?

Answer While the reported U.S. Department of Homeland Security (DHS) reversal and clarification are encouraging, it remains unclear how the U.S. Citizenship and Immigration Services (USCIS) will apply the guidance in the memo. Adjustment of status (AOS) remains a discretionary benefit, and USCIS officers will continue...

16:17 / Employment Based / Family Based / FAQs / For Families / For Individuals / Homeland Security / Resident / USCIS News
27 May 2026

USCIS recently issued guidance emphasizing that AOS is discretionary and for extraordinary circumstances and that individuals seeking permanent residence generally should apply through consular processing. How could this affect my already pending I-485 application?

Answer It remains unclear how the USCIS will apply this guidance and whether it could affect adjustment of status (AOS) applications that are already pending. However, based on reports from recent adjustment interviews, applicants may be asked to explain why they pursued AOS in the United...

07:16 / Employment Based / Family Based / FAQs / For Employers / For Families / For Individuals / Homeland Security / Immigrant Family / Resident / USCIS News
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....

11:08 / Employment Based / FAQs / For Employers / For Individuals / Resident
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...

11:05 / Employment Based / FAQs / For Employers / For Individuals / Resident
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...

07:17 / Employment Based / FAQs / For Employers / For Individuals / Resident / Worker
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...

14:17 / FAQs / For Employers / For Individuals / Worker
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...

10:52 / Employment Based / FAQs / For Employers / For Individuals / Resident
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...

10:35 / FAQs / For Employers / For Individuals / USCIS News / Worker
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...

07:22 / Employment Based / FAQs / For Employers / For Individuals / Resident