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16 May 2023

In 2020, my I-140 was approved for a position as a Senior Engineer. My employer recently promoted me to Engineering Manager. Does the company need to file a new PERM case for me?

Answer If there has been a material change to the nature of the position (as described on the ETA9089 form) that typically would require a new PERM labor certification and I-140 petition for that new position. Given that you have an approved I-140, however, you should...

07:58 / Employment Based / FAQs / For Employers / For Individuals / Resident
16 May 2023

I recently married a green card holder, and my husband is getting ready to sponsor me for a green card. I was on H1B status, but just got laid off. Does this prevent me from filing my I-485 application based on the I-130 my husband is filing?

Answer Assuming you are in your 60-day grace period, being laid off would generally not impact your ability to file your I-485 based on the I-130 petition filed by your husband. (16.May.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on...

07:55 / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident / Worker
16 May 2023

I recently entered the U.S. using my advance parole document. Can my wife now enter in H-4 status?

Answer Unless the principal spouse is in valid H1B status, the dependent spouse typically cannot enter in H-4 status. (16.May.2023)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 © 2023,...

07:51 / FAQs / For Families / For Individuals / Nonimmigrant Family / Travel / Worker
11 May 2023

I have used more than 5 years of H1B time and was recently laid off. I do not have an approved I-140, but, before being laid off, my employer reached the recruitment stage of my PERM case. If I find a new employer, is there a way to use that to extend my H1B beyond 6 years?

Answer Unfortunately, a PERM case that has only made it to the recruitment phase typically cannot be used as a basis for extending H1B status beyond the standard 6-year max. (11.May.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our...

06:22 / Employment Based / FAQs / For Individuals / Resident / Worker
11 May 2023

I was transferred to the U.S. in L-1 status a few weeks ago and just learned that I am going to continue getting paid in India, rather than being paid in the U.S. I will, however, be receiving the salary indicated in my L-1 petition. Is this allowed, or is it required that the U.S. company pay my salary?

Answer Generally speaking, it is permissible for an L-1 worker to be paid by the foreign entity rather than the petitioning entity in the United States. (11.May.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click...

06:19 / FAQs / For Employers / For Individuals / Worker
11 May 2023

My employer is filing my H1B cap case using regular processing. The hope is that the case will be approved before the requested October 1, 2023, start date. If it takes longer than expected, is it possible to change the case to premium processing after filing?

Answer Ordinarily, yes, it is possible to "upgrade" an H1B petition to premium processing at any time. (11.May.2023)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 © 2023, MURTHY LAW...

06:16 / FAQs / For Employers / For Individuals / Worker
04 May 2023

With all the news about fraudulent / duplicate H1B registrations submitted this year, does this mean there will be a second H1B lottery?

Answer We likely will not know for sure about a second lottery until July, at the earliest. But, given that there appears to have been a significant number of duplication registrations submitted, there definitely is reason to think a second lottery may be necessary. (03.May.2023)Sheela Murthy...

09:09 / FAQs / For Employers / For Individuals / USCIS News / Worker
04 May 2023

I am on OPT, and I was not selected in this year’s H1B lottery. My employer suggested transferring me to their office in Canada, having me work there for a year, and then bringing me back on L-1. Is this a realistic option?

Answer There are three basic requirements to qualify for L-1: (1) the foreign entity and U.S. entity must have common ownership and control; (2) the person must work in an executive, managerial, or specialized knowledge position for the related entity abroad for at least one year;...

09:07 / FAQs / For Employers / For Individuals / Student / Worker
04 May 2023

To do an EB5 investment, do I have to get money from outside the U.S., or am I allowed to use money I earned while in this country?

Answer Using money lawfully earned in the U.S. is perfectly fine for an EB5 investment. (03.May.2023)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 © 2023, MURTHY LAW FIRM. All...

09:05 / EB5 Investor / FAQs / For Individuals / Investor
27 Apr 2023

I am interested in applying for a green card through the EB1(a) category. I feel I have good experience and evidence, but I also have several things in the pipeline that could make my case much stronger in a year or so. If I apply now and the I-140 is denied, am I allowed to reapply later?

Answer The EB1(a) category is reserved for foreign nationals who can demonstrate extraordinary ability in the sciences, arts, education, business, or athletics. This tends to be a very high bar. If the USCIS denies your petition, this would not prevent you from refiling later. The USCIS...

08:16 / Employment Based / FAQs / For Individuals / Resident