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03 Mar 2022

I was working for a company abroad as a manager for more than one year, and my employer then transferred me to the U.S. on H1B. Can they sponsor me for a green card through the EB1(c) multinational manager / executive category, or do I have to be moved to L1A status, first?

Answer There is no requirement that a foreign national be in L1A status before being sponsored for a green card through the EB1(c) category. Being in H1B status would not prevent an employer for filing an EB1(c) case on your behalf, assuming you meet all the...

08:09 / Employment Based / FAQs / For Employers / For Individuals / Resident / Worker
24 Feb 2022

Is it true that it will soon be possible to get a green card based on obtaining a PhD? I have also heard that I may be able to get a new type of visa if I start a business in the U.S. Is that going to soon be an option?

Answer Last summer, the U.S. Senate passed the United States Innovation and Competition Act. Earlier this month, the U.S. House passed its own version of the bill, called the America COMPETES Act. In order for the bill to be sent to the President to sign into...

07:34 / FAQs / For Individuals / Legislation / Resident / Worker
10 Feb 2022

My I-140 is approved, and my priority date likely will be current soon. My employer offered me a special job that would have be working at an overseas office for a few years. If I accept this position, would I still be able to use the I-140 when I return to the U.S.? Is there a time limit for filing my I-485 after the priority date becomes current?

Answer Generally speaking, there is no set time limit for filing an I-485 after the priority date becomes current. (09.Feb.2022)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 © 2022,...

08:01 / Employment Based / FAQs / For Employers / For Individuals / Resident / Travel
03 Feb 2022

My employer filed my PERM LC several months ago. They would not let me get involved in the process, and now I found out the case has been audited. Is that a sign that the employer made a mistake in the PERM filing?

Answer First of all, your employer did the right thing by making sure you were not involved in the PERM LC process. If you had been involved, this alone could have resulted in a denial. Keep in mind that the PERM process is primarily a labor...

06:57 / Employment Based / FAQs / For Employers / For Individuals / Resident
27 Jan 2022

Until recently, MurthyDotCom was posting updated visa bulletin predictions each month. There have not been any such postings lately. Do you expect to provide these again in the near future?

Answer At the end of 2021, Charles Oppenheim retired from his position as the Chief of the Visa Control and Reporting Division for the U.S. Department of State (DOS). Until his retirement, Mr. Oppenheim had been providing visa bulletin updates most months. We would then, in...

08:12 / FAQs / For Employers / For Individuals / Resident / Visa Bulletin
23 Dec 2021

I am a green card holder and was visiting family in India when the pandemic began. I remained in India for more than one year, and then was issued an SB1. I am now back in the U.S. Do I need to apply for a new green card?

Answer Generally speaking, if a lawful permanent resident (i.e., "green card" holder) returns to the U.S. after being issued an SB1, the existing green card remains valid through the expiration date on the card. (22.Dec.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law....

09:03 / FAQs / For Individuals / Resident / Travel
16 Dec 2021

I filed my son’s I-485 as my dependent before he had aged out. After we applied, however, the category retrogressed. Is it possible my child could now age out?

Answer If the child qualified as a dependent at the time the I-485 was filed based on the date being current in Chart A (i.e., the final action chart), the child normally would not be at risk of aging out based on subsequent retrogression. However, if...

08:57 / AOS/CP (Family) / Family Based / FAQs / For Families / Immigrant Family / Resident