Attorneys Law Firm Practicecontact us
19 Mar 2025

I am a green card holder, and my employer transferred me to its foreign office for 18 months. I have an approved reentry permit and filed an N-470 application to preserve my residency for naturalization purposes. Do I still need to maintain ties to the U.S. to avoid abandoning my green card?

Answer Yes. While a reentry permit allows you to return to the U.S. after a year or more abroad, and an N-470 preserves your residence for naturalization purposes, the USCIS can still determine that you have abandoned your green card if your overall circumstances do not...

07:18 / Citizen / Employment Based / Family Based / FAQs / For Individuals / Resident / Travel
12 Mar 2025

I was born a U.S. citizen but currently am living in India while I finish my studies in university. Am I allowed to sponsor my parents for green cards now, or do I have to move back to the U.S. before beginning the process?

Answer Generally speaking, a U.S. citizen residing abroad who is at least 21 years old may sponsor their parents for a green card. However, they typically would need to establish residence in the United States for the immigrant visa to actually be issued (or demonstrate the...

14:29 / Citizen / Family Based / FAQs / For Families / Immigrant Family / Resident
05 Mar 2025

My employer is filing an EB2 case for me, and I will need to use work experience to qualify. I understand I can only use experience I have gained with the employer filing my PERM case if certain conditions are met. Is experience I gained with my employer’s affiliate subject to the same restrictions?

Answer If the U.S. affiliate has a separate FEIN from the company sponsoring you, then experience gained with that affiliate is not subject to the “on the job” experience restrictions. The same typically is true for a foreign affiliate that is a separate business entity. (05.Mar.2025)Sheela...

15:37 / Employment Based / FAQs / For Employers / For Individuals / Resident
26 Feb 2025

I am about to apply for U.S. citizenship, but I was recently laid off. Since I do not have steady employment income at the moment, can I show my savings to prove I am not a public charge?

Answer There is no public charge requirement when applying for U.S. citizenship. In general, your employment status and amount you have in savings do not really matter when applying to naturalize, except for purposes of requesting a fee waiver. (25.Feb.2025)Sheela Murthy and other senior attorneys provide...

07:55 / Citizen / Employment Based / FAQs / Resident
19 Feb 2025

The PERM prevailing wage determination we received is higher than the salary we are currently paying the sponsored employee, and we don’t want to increase their salary immediately. Is this a problem?

Answer The company is only required to pay the sponsored employee the PERM prevailing wage once they receive their green card. However, the company must demonstrate the ability to pay the prevailing wage from the time the PERM application is filed until the employee receives the...

13:16 / Employment Based / FAQs / For Employers / Resident
19 Feb 2025

I am in H1B status, but I also have an EAD based on my pending I-485 application that I have not yet used. If I switch to my EAD, do I have to notify the USCIS of this change?

Answer If you wish to start working based on your EAD rather than continuing in H1B status, you typically should notify your employer so that your I-9 records can be updated, but there is no need to notify the USCIS. (18.Feb.2025)Sheela Murthy and other senior attorneys...

13:13 / Employment Based / FAQs / For Employers / For Individuals / Resident / Worker
12 Feb 2025

More than 180 days after my I-485 had been filed, I started interviewing for a new position. My I-485 was finally approved, however, before the company made a final job offer. Is it possible to port my green card to this new employer, now?

Answer AC21 portability is no longer an option after your green card has been approved. You typically are required to report to your sponsoring employer for work in this situation. (12.Feb.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our...

11:06 / Employment Based / FAQs / For Individuals / Resident
05 Feb 2025

For my EB2 case, I need to get an experience letter from my former employer. Is it ok if the letter just confirms the dates of my employment, or does the letter have to provide information on my previous job duties?

Answer According to the applicable regulation, experience letters must include a specific description of the duties performed. (05.Feb.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 © 2025, MURTHY LAW...

12:59 / Employment Based / FAQs / For Individuals / Resident