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25 Jun 2018

I got my green card through my employer 9 months ago. I now have a lucrative job offer from another company. Will my GC be at risk if I move to a new employer now?

Answer A person who receives an employer-sponsored "green card" is generally advised to remain with the sponsoring employer for at least six months to avoid possible allegations of misrepresentation during the naturalization process. Generally, changing after this time period would be relatively safe. (25.Jun.2018)In frequent sessions...

13:16 / Citizen / Employment Based / FAQs / For Individuals / Resident
11 Jun 2018

Can one have two I-140 petitions (one for EB2 and the other for EB3) pending at the same time? Will there be any RFE questioning the same?

Answer There normally is no particular reason that the USCIS would have concerns about two I-140 petitions in different classifications. An RFE is unlikely on this matter. (11.Jun.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in...

14:09 / Employment Based / FAQs / For Employers / Resident
07 May 2018

My I-485 application (filed based on my approved I-140) is pending. Can I work a second job (part time) using my EAD? Will it be a problem that I have two different W-2s?

Answer An I-485 EAD provides nearly unrestricted work authorization. So, yes, a person may have multiple employers. It is important to remember, however, that one's green card job offer normally should be retained at all times so that one remains eligible for the I-485 approval. (07.May.2018)In...

13:29 / Employment Based / FAQs / For Individuals / Resident / Worker
23 Apr 2018

My EB2 I-140 is approved. Now, I am being moved to work at a different physical location, but will be in the same position, performing the same duties. Do I need a new I-140 and/or a new PERM?

Answer Unless the PERM application was filed for multiple work locations, a change in work location may require a new labor certification and I-140. (23.Apr.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For...

14:11 / Employment Based / FAQs / For Individuals / Resident / Worker
02 Apr 2018

My employer is currently sponsoring me for a green card. I now have a U.S. citizen family member who wishes to sponsor me for a family-based case. Can both cases be pending at the same time?

Answer Yes, you can have multiple immigrant petitions (employment-based and family-based) happening in parallel. The petitions do not interfere with each other and you ultimately should be able to file for adjustment of status, based on whichever case becomes current first. (02.Apr.2018)In frequent sessions of our...

18:39 / Employment Based / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident
26 Mar 2018

I have an EB3 approved I-140. I then moved to a different employer that filed a new PERM labor certification (LC) case for me. The LC is being audited. Is this common? Should I be concerned?

Answer Most audits are random. Assuming that the recruitment and filing was done properly, it likely can be cleared as soon as the response is processed. (26.Mar.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real...

12:12 / Employment Based / FAQs / For Employers / For Individuals / Resident