Attorneys Law Firm Practicecontact us
20 Aug 2025

The U.S. college where I obtained my master’s degree was accredited when I graduated but then lost its accreditation a few years later. Can I use this degree to qualify for a PERM position that requires a master’s degree?

Answer If the college was accredited at the time the degree was conferred, the degree typically can be used to meet a PERM position’s degree requirements. (20.Aug.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click...

12:28 / F-1 / FAQs / For Individuals / Student
20 Aug 2025

My employer just obtained the prevailing wage for my PERM and is about to start recruitment. Am I allowed to travel?  

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...

12:26 / Employment Based / FAQs / For Employers / For Individuals / Resident / Travel
20 Aug 2025

I became a conditional permanent resident through the EB5 program. Does time spent as a conditional resident count toward the 5-year requirement to apply for U.S. citizenship?

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 ©...

12:23 / Citizen / EB5 Investor / FAQs / Investor / Resident
12 Aug 2025

My son is on H-4 and recently was granted an extension valid through 2027. He turns 21 at the end of this year. Can he remain in H-4 status through the expiration date listed on his I-94?

Answer Unfortunately, once a dependent child turns 21, they are no longer eligible for H-4 status through their parent. He cannot rely on a USCIS error to continue his stay in H-4 past his 21st birthday. (12.Aug.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies...

17:26 / FAQs / For Families / For Individuals / Nonimmigrant Family / Worker
12 Aug 2025

I have heard stories of people with a pending I-485 application being put into deportation proceedings. Aren’t you allowed to stay in the U.S. based on a pending I-485?

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.,...

17:21 / FAQs / For Individuals / Resident
06 Aug 2025

Our company has both a PERM and H1B process ongoing for an employee. If the H1B petition is denied, will it impact the ongoing PERM application?

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...

13:41 / Employment Based / FAQs / For Employers / For Individuals / H1B / Resident / Worker
06 Aug 2025

My father recently became a U.S. citizen and would like to sponsor me for a green card. Is that allowed, even though I already have a pending EB2 case?

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...

13:34 / Citizen / Employment Based / FAQs / For Individuals / Resident
29 Jul 2025

I am on H1B and I live in Pennsylvania. I recently received a job offer where I would work part of the time from home, and the rest of the time in Maryland, which is about an hour away from my house. Can an H1B and LCA be filed for two different states?

Answer Yes, an LCA and H1B petition may list work locations in two different states. (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 © 2025, MURTHY LAW FIRM. All...

20:21 / FAQs / For Employers / For Individuals / Worker