22 Nov 2023

A few years ago, my I-140 was approved in the EB2 category as a Software Engineer. I have now been promoted to a managerial position within the same company. Does my employer need to redo the entire PERM process now?

Answer If there has been a material change to the nature of the position, that typically would require filing a new labor certification and I-140 petition for that new position. Fortunately, however, if you have an approved I-140, you should be able to retain the priority...

09 Nov 2023

I filed my I-140 in the EB1(c) category using premium processing, and an RFE was issued within 20 days of filing. The RFE was very simple, so I responded almost immediately. Does that mean the USCIS has to issue a decision within 45 days of the date I filed the I-140?

Answer No, for an EB1(c) petition filed using premium processing, the USCIS has 45 calendar days to take action on one's case. When the RFE was issued, an action was taken. When you responded to the RFE, the clock was restarted, and the USCIS now has...

26 Oct 2023

I previously worked in the U.S. in H1B status, and now work as a manager in India. My company is planning on transferring me to the U.S. as a manager. If I come to the U.S. in H1B status, can I still apply for a green card under the EB1(c) category? Or, do I need to enter in L1A status to qualify for EB1(c)?

Answer There is no need to be in L1A status in order to be sponsored for an EB1(c) multinational executive or manager position. Assuming you meet the requirements, it is possible to be in H1B status and have the employer file a petition for you under...

12 Oct 2023

My L1A petition was recently approved. My employer is not filing my EB1(c) petition, based on the same foreign managerial position and the same U.S. managerial position. Does the L1A approval mean it is very likely the EB1(c) will be approved?

Answer On paper, the requirements for the L1A category and the EB1(c) category are extremely similar. In practice, the USCIS tends to adjudicate the EB1(c) category using a higher standard, as it is requesting a permanent benefit. So, while having an L1A petition approved certainly is...

21 Sep 2023

After being laid off from my H1B position, I filed an application to change status to B-1. Due to a personal emergency however, I missed my biometrics appointment. Does that mean my application will automatically be denied?

Answer If you do not take care of your biometrics appointment, your case eventually will be denied. Fortunately, you may be able to reschedule. Call the USCIS Contact Center at 800-375-5283, be prepared to provide evidence of the emergency, and hopefully they will exercise discretion and...

17 Aug 2023

A few years ago, my sister, who is a U.S. citizen, filed an I-130 for me. I recently got an EB2 I-140 approved. Can I use the priority date from the I-130 for my I-140 case?

Answer Unfortunately, no. Priority dates cannot be transferred between employment-based and family-based petitions. (17.Aug.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 Rights Reserved...

10 Aug 2023

My PERM case should be approved soon, and my employer will then be filing my I-140. If I leave to temporarily work in Canada under their new work program, would that create any problems with my green card case?

Answer As a general rule, leaving the U.S. during the PERM or I-140 stage would have no impact on one's green card case. (10.Aug.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more...