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17 Aug 2023

I last entered on advance parole. My online I-94 shows my class of admission as “DA” and it expires in a few months. What does DA mean, and do I need to apply for an extension?

Answer DA is the class of admission generally granted to someone who is admitted on advance parole. Assuming your I-485 is still pending, there typically would be no need to take any action based on the expiration date listed. (17.Aug.2023)Sheela Murthy and other senior attorneys provide...

06:50 / FAQs / For Individuals / Resident / Travel
17 Aug 2023

A few years ago, my sister, who is a U.S. citizen, filed an I-130 for me. I recently got an EB2 I-140 approved. Can I use the priority date from the I-130 for my I-140 case?

Answer Unfortunately, no. Priority dates cannot be transferred between employment-based and family-based petitions. (17.Aug.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...

06:47 / Employment Based / Family Based / FAQs / For Families / Immigrant Family / Resident
10 Aug 2023

My PERM case should be approved soon, and my employer will then be filing my I-140. If I leave to temporarily work in Canada under their new work program, would that create any problems with my green card case?

Answer As a general rule, leaving the U.S. during the PERM or I-140 stage would have no impact on one's green card case. (10.Aug.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more...

06:37 / Employment Based / FAQs / For Employers / For Individuals / Resident
03 Aug 2023

Last year, my father got his green card through his employer, and my mother and I got our green cards as his dependents. A couple of months after we got our green cards, my parents separated, and my father went back to his home country. He has come back only a couple of times since then for very brief trips. If they take away his green card, will it impact our green cards, since we were his dependents?

Answer Normally, abandonment of one's green card would not impact the validity of the family members' green cards. In general, this applies, even if the person who abandons his green card was the principal applicant. (03.Aug.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the...

06:24 / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident
13 Jul 2023

My husband is on L1A and his employer is filing an EB1 petition for him as a multinational manager. Do I have to be in the U.S. in L-2 status during this process?

Answer There is no requirement that dependents be in the U.S. when an I-140 is filed. Once the priority date is current, however, each dependent would need to be physically in the United States in order to file his or her I-485 adjustment-of-status application. The alternative...

07:29 / AOS/CP (Family) / Consulates / Family Based / FAQs / For Employers / For Families / For Individuals / Immigrant Family / Resident / Travel
06 Jul 2023

I am currently working in H1B status. A few years ago, my U.S. citizen brother sponsored me for a green card. Since I am in the U.S., will that help my case move any faster?

Answer Being in the U.S. would typically not impact the wait time for an immigrant visa. If you happen to be in H1B status when the I-130 is approved and your priority date is current, you could file for adjustment of status (form I-485), as opposed...

16:02 / Family Based / FAQs / For Individuals / Resident / Worker
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