Answer Yes, gifted funds can be used for purposes of an EB5 investment. If any gift tax is owed, it would need to be paid, and the gift giver would need to provide documentation to show the lawful source of the funds being gifted. (14.Jun.2023)Sheela Murthy...
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...
Answer A civil lawsuit generally would have no impact on a person's H1B status or green card application. (24.May.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...
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...
Answer Assuming you are in your 60-day grace period, being laid off would generally not impact your ability to file your I-485 based on the I-130 petition filed by your husband. (16.May.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on...
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...
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...
Answer Based on the EB5 Reform and Integrity Act of 2022, which was signed into law in March 2022, the EB5 program in the visa bulletin is now separated into four categories: (1) Unreserved, (2) Rural Set Aside, (3) High Unemployment Set Aside, and (4) Infrastructure...
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...
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...
