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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
09 Mar 2023

I am in H1B status and my employer just filed a PERM LC for me. Am I allowed to travel while this case is pending?

Answer Ordinarily, travel has no impact on a pending or approved PERM LC.  (09.Mar.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 FIRM. All Rights Reserved...

07:59 / Employment Based / FAQs / For Individuals / Resident / Travel / Worker
09 Feb 2023

My brother is a partner in a U.S. company. Can that company file a PERM case for me? Would the fact that a family member owns part of the company increase the chances of it being denied?

Answer If the sponsoring company is owned by someone related to the foreign national being sponsored, that definitely can lead to a denial in a PERM case. In order for the case to be approved in that situation, the employer must be able to demonstrate that...

10:22 / Employment Based / FAQs / For Employers / For Individuals / Resident
09 Feb 2023

I am in H1B status and have an approved I-140. If I move to H-4 status and work on an EAD, will that have a negative impact on my green card case?

Answer A change from H1B to H-4 typically would have no impact on the I-140.  (09.Feb.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 FIRM. All...

10:07 / Employment Based / FAQs / For Families / For Individuals / Nonimmigrant Family / Resident / Worker
19 Jan 2023

I am not able to get an experience letter from my previous employer. To show I qualify for an EB2 position, can I instead submit affidavits from my former coworkers?

Answer A letter from the previous employer is typically preferred. But, yes, if it is not possible to get such a letter, it may be possible to use coworker affidavits as evidence of past employment experience. (19.Jan.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies...

08:42 / Employment Based / FAQs / For Individuals / Resident / Worker
12 Jan 2023

About five years ago, my sister, who is a U.S. citizen, sponsored me for a green card. Can I use that priority date for my EB3 case sponsored by my employer?

Answer No, unfortunately, it normally is not possible to take a priority date from a family-based case and apply it to an employment-based case. (12.Jan.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access...

08:36 / Employment Based / Family Based / FAQs / For Families / Immigrant Family / Resident
22 Dec 2022

Right after my husband’s I-140 was approved, I applied for an H-4 extension and an H-4 EAD. Those applications were submitted with my husband’s H1B extension, which was filed using premium. The USCIS approved the H1B along with my H-4 and EAD within 2 weeks. About 2 months later, though, my husband’s employer told him he would be laid off in January. He has a new job lined up, so he will remain in H1B status, but will this create problems with my H-4 EAD? Does it matter if the old employer withdraws my husband’s I-140?

Answer If one's spouse moves to a different H1B employer, this generally does not impact the H-4 status or existing EAD. Similarly, even if the employer withdraws the I-140, this does not have a direct impact on the existing H-4 EAD. However, depending on how much...

07:57 / Employment Based / FAQs / For Families / For Individuals / Nonimmigrant Family / Resident / Worker