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26 Feb 2025

I am about to apply for U.S. citizenship, but I was recently laid off. Since I do not have steady employment income at the moment, can I show my savings to prove I am not a public charge?

Answer There is no public charge requirement when applying for U.S. citizenship. In general, your employment status and amount you have in savings do not really matter when applying to naturalize, except for purposes of requesting a fee waiver. (25.Feb.2025)Sheela Murthy and other senior attorneys provide...

07:55 / Citizen / Employment Based / FAQs / Resident
19 Feb 2025

The PERM prevailing wage determination we received is higher than the salary we are currently paying the sponsored employee, and we don’t want to increase their salary immediately. Is this a problem?

Answer The company is only required to pay the sponsored employee the PERM prevailing wage once they receive their green card. However, the company must demonstrate the ability to pay the prevailing wage from the time the PERM application is filed until the employee receives the...

13:16 / Employment Based / FAQs / For Employers / Resident
19 Feb 2025

I am in H1B status, but I also have an EAD based on my pending I-485 application that I have not yet used. If I switch to my EAD, do I have to notify the USCIS of this change?

Answer If you wish to start working based on your EAD rather than continuing in H1B status, you typically should notify your employer so that your I-9 records can be updated, but there is no need to notify the USCIS. (18.Feb.2025)Sheela Murthy and other senior attorneys...

13:13 / Employment Based / FAQs / For Employers / For Individuals / Resident / Worker
12 Feb 2025

More than 180 days after my I-485 had been filed, I started interviewing for a new position. My I-485 was finally approved, however, before the company made a final job offer. Is it possible to port my green card to this new employer, now?

Answer AC21 portability is no longer an option after your green card has been approved. You typically are required to report to your sponsoring employer for work in this situation. (12.Feb.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our...

11:06 / Employment Based / FAQs / For Individuals / Resident
05 Feb 2025

For my EB2 case, I need to get an experience letter from my former employer. Is it ok if the letter just confirms the dates of my employment, or does the letter have to provide information on my previous job duties?

Answer According to the applicable regulation, experience letters must include a specific description of the duties performed. (05.Feb.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...

12:59 / Employment Based / FAQs / For Individuals / Resident
05 Feb 2025

I am in the U.S. in L1A status and my family is here on L-2. We were all born in India. My eldest daughter is 18. If my employer files an EB1 case for me now, will she be able to get a green card through me, or will she age out?

Answer In your situation, there is actually no way to know for certain whether your daughter will age out at this stage. You likely would not know for a number of years. There are a couple of things you may be able to do to help...

12:52 / Employment Based / FAQs / For Employers / For Families / For Individuals / Immigrant Family / Resident
15 Jan 2025

I have an interview scheduled for today at a local USCIS field office, but it snowed last night. How do I know if the interview has been postponed?

Answer The USCIS normally lists field office and Application Support Center closures on its USCIS Office Closing webpage. (15.Jan.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...

13:39 / FAQs / For Families / For Individuals / Resident / USCIS News / Worker