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...

06 May 2026

My I-485 application was filed in the EB3 India category and has been pending for more than 180 days. If I want to use AC21 to port to a similar position with a different employer, does my priority date still have to be current on the date I move to that employer?

Answer No, there is no requirement that the priority date still be current in order for a person to use AC21 to port to a same or similar position. (06.May.2026)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...

29 Apr 2026

I have an employment-based green card and am getting ready to file for citizenship. Since obtaining my green card, I have changed jobs and am no longer working in the same field. Is this a problem?

Answer Generally speaking, you are not required to be working in the same field at the time of applying for naturalization as when you received your green card. However, in some circumstances it may be an issue. Before seeking new post-green card employment or applying for...

29 Apr 2026

I understand that EB5 Regional Center (RC) cases must be filed by 30.Sep.2026 to be grandfathered into the EB5 category, as the RC program is scheduled to sunset on 30.Sep.2027. Does the same deadline apply to direct investment EB5 filings?

Answer No. Unlike the RC program, the direct investment EB5 program is not scheduled to sunset on 20.Sep.2027, and is therefore not subject to the grandfathering deadline. (29.Apr.2026)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services,...

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...

22 Apr 2026

I filed my I-485 adjustment-of-status application when my priority date was current. The Visa Bulletin later retrogressed. What does this mean for my I-485 application?

Answer If your priority date was current at the time you properly filed your Form I-485, USCIS generally will continue processing your application even if the Visa Bulletin later retrogresses, and your filing remains valid. However, because the USCIS cannot approve your adjustment-of-status application unless a...

22 Apr 2026

I filed my I-485 adjustment-of-status application when my priority date was current. The Visa Bulletin later retrogressed. Will the USCIS also pause the processing for my pending EAD or AP application?

Answer No, retrogression does not pause the processing of a concurrently filed EAD or AP application. Additionally, it does not affect the validity of an existing EAD or AP, nor does it prevent a person from applying for extensions. (21.Apr.2026)Sheela Murthy and other senior attorneys provide...

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...