08 Feb 2024

I am working in TN status and my employer said they are willing to file a PERM case for me. However, I was told this could create problems when renewing my TN later because of immigrant intent. Should I avoid moving forward with the green card case?

Answer A person being admitted to the United States in TN status must demonstrate nonimmigrant intent. However, even an approved I-140, by itself, is not sufficient reason to deny a person's TN application or extension request. (08.Feb.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies...

18 Jan 2024

I am a green card holder and am traveling overseas for a work assignment. I am in the process of filing a form I-131 application for a reentry permit. Am I allowed to travel while that application is pending?

Answer A green card holder generally must be in the U.S. when the reentry permit application is filed, and typically must be here to provide biometrics. However, they generally can then depart the U.S. while the application is pending without impacting the pending case. (18.Jan.2024)Sheela Murthy...

11 Jan 2024

The first PERM case my employer filed for me was denied. If the same employer files another case for me for a different position, will that automatically result in my case being audited?

Answer It is possible to reapply for PERM with the same employer after a denial. That does not guarantee an audit; but keep in mind that a significant percentage of PERM cases – perhaps around 1 out of 3 – are randomly selected for audit. So,...

04 Jan 2024

I earned my 3-year bachelor’s degree (BSC) and 3-year master’s degree (MCA) from India. I also have about a decade of work experience related to my field of study. Can my PERM case be filed as EB2?

Answer In this situation, it may be possible for the education and experience to be used to qualify for an EB2 position. This, of course, assumes that the job being offered has EB2-level requirements. (04.Jan.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law....

07 Dec 2023

When I filed my I-140, I had to list my daughter on the form. Will this harm her chances of getting an F-1 student visa?

Answer No, this normally would not impact an applicant's chances of being issued an F-1 student visa. (07.Dec.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...

07 Dec 2023

My I-140 was approved a couple of years ago, but I was just laid off. Do I need my original I-140 approval notice to be able to use that priority date for a future green card case?

Answer No, you do not need the original I-140 approval notice for priority date retention. You can just reference the approved case receipt number information and include a copy of the approval, if available. (07.Dec.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law....

30 Nov 2023

I have an approved I-140, but the priority date will not be current for many years. In the meantime, I am temporarily working from India, but wish to occasionally visit the U.S. as a tourist. Will the approved I-140 prevent me from entering on a B-2?

Answer To be admitted on a B-1/B-2 visa, a foreign national must overcome the presumption of immigrant intent. Needless to say, having an approved I-140 could be viewed as a sign that the individual desires to reside in the United States. However, this does not necessarily...

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...