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28 Jun 2023

I have an approved I-140 through Employer A for a Java Developer position. After leaving that company, I eventually was promoted into management by Employer B. Earlier this year, my I-140 through Employer B was approved for a managerial role. Last week, I was laid off by Employer B. If my priority date becomes current in October, and the job with Employer A is still available, could I file an I-485 based on the old I-140?

Answer Assuming Employer A did not withdraw the I-140 petition, yes, this should be possible. Obviously, you and Employer A would need to intend for you to work in the Java Developer position once the green card is issued. But the fact that you are not...

20:12 / Employment Based / FAQs / For Employers / For Individuals / Resident
15 Jun 2023

I have been in L1A status for a few years, and my employer is about to start an EB2 PERM case for me. I did not work as a manager in India, so I do not qualify for EB1(c). Do I have to move to H1B to proceed with the EB2 case?

Answer There is no conflict between being in L1A status and having a PERM case filed on one's behalf.Note, however, that the maximum amount of time a person may remain in L1A status is seven years. Unlike the H1B category, which allows a person to extend...

07:13 / Employment Based / FAQs / For Employers / For Individuals / Resident / Worker
15 Jun 2023

My previous employer is refusing to provide me with an employment verification letter. For my EB3 case, can I use affidavits from my former coworkers as evidence of my prior work experience?

Answer Generally, if it is not possible to get an employment verification letter from the prior employer, it is possible to use coworker affidavits as evidence of past employment experience. (14.Jun.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our...

07:05 / Employment Based / FAQs / For Individuals / Resident
16 May 2023

In 2020, my I-140 was approved for a position as a Senior Engineer. My employer recently promoted me to Engineering Manager. Does the company need to file a new PERM case for me?

Answer If there has been a material change to the nature of the position (as described on the ETA9089 form) that typically would require a new PERM labor certification and I-140 petition for that new position. Given that you have an approved I-140, however, you should...

07:58 / Employment Based / FAQs / For Employers / For Individuals / Resident
11 May 2023

I have used more than 5 years of H1B time and was recently laid off. I do not have an approved I-140, but, before being laid off, my employer reached the recruitment stage of my PERM case. If I find a new employer, is there a way to use that to extend my H1B beyond 6 years?

Answer Unfortunately, a PERM case that has only made it to the recruitment phase typically cannot be used as a basis for extending H1B status beyond the standard 6-year max. (11.May.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our...

06:22 / Employment Based / FAQs / For Individuals / Resident / Worker
27 Apr 2023

I am interested in applying for a green card through the EB1(a) category. I feel I have good experience and evidence, but I also have several things in the pipeline that could make my case much stronger in a year or so. If I apply now and the I-140 is denied, am I allowed to reapply later?

Answer The EB1(a) category is reserved for foreign nationals who can demonstrate extraordinary ability in the sciences, arts, education, business, or athletics. This tends to be a very high bar. If the USCIS denies your petition, this would not prevent you from refiling later. The USCIS...

08:16 / Employment Based / FAQs / For Individuals / Resident
20 Apr 2023

My husband entered in H1B status in October 2022, and his employer has not yet started a green card case for him. Is it possible for me to qualify for an H-4 EAD?

Answer In order to qualify for an H-4 EAD, the principal H1B spouse must either (1) be the beneficiary of an approved I-140, or (2) have extended H1B status beyond six years based on the American Competitiveness in the Twenty-First Century Act (AC21). If your husband's...

09:05 / Employment Based / FAQs / For Families / For Individuals / Immigrant Family / Nonimmigrant Family / Resident / Worker
13 Apr 2023

A few years ago, my U.S. citizen sister sponsored me for a family-based green card. Can I use that priority date for my EB3 case?

Answer No, unfortunately, you generally cannot use a priority date from a family-based case and apply it to an employment-based case. (13.Apr.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...

06:41 / Employment Based / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident
23 Mar 2023

I have an approved I-140 from my previous employer. My current employer has not yet started my PERM process. Can I use my previous I-140 to extend my H1B status beyond 6 years? Does it matter if the prior employer is no longer conducting business?

Answer Generally speaking, as long as the previous I-140 is still valid, it can be used for purposes of extending H1B status beyond the six-year max, assuming the individual otherwise qualifies for this benefit. Once 180 days have passed following the approval of an I-140 petition,...

09:00 / Employment Based / FAQs / For Individuals / Resident / Worker