28 Jun 2023
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...

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...

24 May 2023

I am in H1B status and have an approved I-140. I own home and installed a shed in my backyard. My neighbor is threatening to sue, claiming that the shed violates local zoning laws, is encroaching on her property, etc. I believe my neighbor is completely mistaken, but, if she sues and somehow wins, is there any chance this could harm my current status or future green card case?

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...

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...

16 May 2023

I recently married a green card holder, and my husband is getting ready to sponsor me for a green card. I was on H1B status, but just got laid off. Does this prevent me from filing my I-485 application based on the I-130 my husband is filing?

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...

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...

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...

27 Apr 2023

Prior to passage of the new EB5 law, I filed an I-526 petition based on my investment in a regional center that is located in a rural area. In the monthly visa bulletin, which EB5 category applies to my case?

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...