27 Aug 2025

I was on H1B and then changed my status to F-1. I now would like to go back to H1B. Can I start working immediately upon getting the receipt number from the USCIS?

Answer Because this petition is requesting a change of status, and not simply a change of employer while already in H1B status, it is necessary to wait for the H1B petition approval before starting employment again. (27.Aug.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies...

27 Aug 2025

An RFE was issued on my I-140. If it is denied, can I still use my approved PERM to file with a new employer?

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....

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...

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...

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 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...

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.,...

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...