contact us
21 Jan 2021

I have been working in the U.S. legally for many years, and still have years to wait to get a green card. If I become an illegal alien, will that help me get a green card faster under President Biden?

Answer There is a widespread misconception that President Biden has proposed providing green cards to undocumented immigrants at the expense of those working legally in the United States. In reality, President Biden has proposed a single bill that would both provide a path for undocumented immigrants...

10:27 / FAQs / For Families / For Individuals / Resident / Worker
21 Jan 2021

Now that President Biden is in office, will premium processing be made available for H-4 EADs? Or will the regular processing times for H-4 EADs at least be improved?

Answer It is unclear if or when premium processing may be made available for H-4 EADs. It certainly is possible, but there is no word yet from the new administration. As for standard processing times, it is hard to imagine processing times could get much worse...

10:22 / Employment Based / FAQs / For Individuals / Resident / Worker
14 Jan 2021

Given the processing delays for I-485 filings, is it possible the Biden Administration will eliminate the interview requirement for employment-based cases?

Answer The interview requirement for all employment-based I-485 applications was implemented by the Trump Administration in 2017. Undoubtedly, that is one of the factors that has led to USCIS processing delays. It is possible the Biden Administration could reverse this requirement. However, as of yet, there...

07:29 / FAQs / For Individuals / Resident / USCIS News
14 Jan 2021

I was working in H1B status but am now working for an affiliate in Canada. Can the U.S. company file a PERM case for me while I am outside the U.S.?

Answer Yes. Ordinarily, a company can file a PERM case for an individual regardless of whether the person is in the United States.  (14.Jan.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more...

07:26 / Employment Based / FAQs / For Employers / For Individuals / Resident / Worker
07 Jan 2021

The I-140 filed by my current employer was recently approved. If I move to a new employer now, do I still get to keep my priority date?

Answer Yes, once an I-140 has been approved, the beneficiary typically gets to retain the priority date. (07.Jan.2021)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 © 2021, MURTHY LAW...

17:39 / Employment Based / FAQs / For Individuals / Resident / Worker
30 Dec 2020

I failed to include the correct filing fee when I filed my I-485 in October, so the USCIS rejected it. Now, my priority date is no longer current. Can I refile now with the correct fee?

Answer If the I-485 application was properly rejected, one typically would not be able to refile the I-485 until the priority date is again current. (30.Dec.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here....

19:12 / FAQs / For Employers / For Individuals / Resident / Visa Bulletin / Worker
24 Dec 2020

I hear there is now the possibility of a government shutdown, starting next week. Is that true?

Answer Unfortunately, yes! Everyone thought the shutdown was averted after representatives from the White House negotiated a compromise deal with Congress for a spending bill, which included a stimulus package. However, after Congress passed the omnibus spending bill, Trump announced that he was not happy with...

12:53 / Employment Based / FAQs / For Employers / For Individuals / Legislation / Resident / Worker
10 Dec 2020

A few weeks ago, my employer received the prevailing wage determination from the DOL with an incredibly high salary. My employer is not willing to pay this amount. Now that the DOL rule has been blocked by the courts, could we reapply to request a more reasonable salary?

Answer The employer does not necessarily have to completely reapply. Rather, any employer that wishes the DOL's Office of Foreign Labor Certification (OFLC) to review a prevailing wage determination issued based on October 8th regulation may do so by submitting a request for review before January...

17:15 / FAQs / For Employers / For Individuals / Resident / Worker