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 As a general matter, children age out at 21 years of age and are no longer eligible as derivative beneficiaries. That is, they are no longer eligible to immigrate with the family as a dependent. However, under the Child Status Protection Act, children are sometimes...
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...
Answer Yes, time spent as a conditional permanent resident counts toward fulfillment of the requirements to apply for U.S. citizenship. (20.Aug.2025)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 ©...
Answer Generally speaking, a person with a pending I-485, who is not maintaining their underlying nonimmigrant status, is considered to be in a period of authorized stay. Unfortunately, we have received reports that the Trump Administration is putting some people in this situation in removal (i.e.,...
Answer No, a denial of the H1B petition typically does not affect the PERM process. Similarly, if the PERM case is denied, the H1B petition normally would not be impacted. (06.Aug.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our...
Answer Yes, this normally would be allowed. Filing a family-based case generally would have no impact on a pending employment-based case. Both cases could continue, but each would have a separate priority date. (i.e., The priority date from an employment-based case cannot be used for a...
Answer Unfortunately, the H-4 applicant typically must be physically in the United States at the time the H-4 EAD is filed. (29.Jul.2025)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...
