Answer If the H1B is approved as a change of status (with an I-94 card attached), then one loses the existing status as of the effective date. If the H1B is approved for consular processing only, however, this would not impact one's current status. (20.Feb.2017)In frequent...
Answer The 180-day rule does not require employment with the petitioner. It just requires that the I-140 be approved, and not revoked, for 180 days. (20.Feb.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time....
Answer The GC should not be affected after a divorce, even if the divorce goes through within a year after obtaining the GC. If there is a concern that there was some type of fraud or the ex-spouse files a complaint, the USCIS could investigate the...
Answer Nearly every green card category, including EB2 and EB3, has its own annual allotment of visa numbers. Then, if there are immigrant visa numbers remaining and unused in one EB category, they can be used for the next level of EB numbers. Even with these...
Answer Unless the person has filed an I-485 adjustment of status application that has been pending for a minimum of 180 days, a new employer would typically need to file its own PERM and I-140 cases on behalf of the foreign national. The one advantage is...
Answer The executive orders do not impact approved I-140s. Any reliable information regarding immigration changes associated with the new administration will be posted on MurthyDotCom's Current Administration & Immigration page. (06.Feb.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies...
Answer Yes, a PERM case can generally be filed in parallel with an H1B petition (or even before an H1B has been filed. (06.Feb.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details...
Answer Your question appears to be in reference to one of several immigration-related bills that are pending. These are all merely proposed bills. There are thousands of bills proposed in Congress each year, and only a relatively small number are ever signed into law. If any...
Answer There have been purported draft executive orders circulating that eliminate some forms of parole. Advance parole does not appear to be presently involved in these draft orders. (30.Jan.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law...
Answer To file for AOS, there must still be a valid offer of employment from the I-140 sponsor (and normally an updated offer of employment letter to submit with the I-485.) In most circumstances, if the I-140 position is not still available, the I-485 cannot be...
