Answer Once the I-140 is approved, the beneficiary typically gets to keep that priority date, regardless of any action taken by the petitioning employer. Unless the I-140 is revoked by the USCIS due to fraud, willful misrepresentation, or material error by the USCIS, or because of...
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,...
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....
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...
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....
Answer This is not necessarily a cause for alarm. A fairly significant percentage of PERM cases are randomly selected for audit. So, the mere fact that the case was selected for audit does not automatically mean anything was done incorrectly, or that the case will be...
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...
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...
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...
Answer No, you can use premium processing to get the result of the I-140 petition relatively quickly. If it is approved, you just will not be able to use it for purposes of applying a form I-485 adjustment of status application (or an immigrant vias application...
