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28 Jul 2022

After my U.S. employer filed a PERM for me, I was transferred overseas on a temporary assignment. My PERM was recently approved. Can the I-140 be filed now, or do I have to be in the U.S. when the I-140 is filed?

Answer Typically, there is no need to be in the U.S. when an I-140 is filed. (27.Jul.2022)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 © 2022, MURTHY LAW FIRM....

08:04 / Employment Based / FAQs / For Employers / For Individuals / Resident
28 Jul 2022

In 2016, my I-140 from Company A was approved. In 2019, I transferred that priority date to an approved I-140 filed by Company B. I then requested the priority date again be transferred to an I-140 filled by Company C. That I-140 is still pending. I now wish to move to Company D. Will I lose my priority date from Company A’s I-140 if I leave before Company C’s I-140 is approved?

Answer No, this should not impact your ability to retain the priority date from Company A's approved I-140. Unless the I-140 filed by Company A is revoked for fraud, willful misrepresentation, the invalidation of the underlying labor certification, or material error, you generally will be allowed...

08:01 / Employment Based / FAQs / For Individuals / Resident
07 Jul 2022

My company filed an I-140 petition for me, which is still pending. I plan on getting married to a green card holder next month. After we are married, can my wife file an I-130 for me, or would I need to first withdraw the I-140?

Answer Ordinarily, having a pending or approved I-140 would not impact a person's ability to be the beneficiary of an I-130 petition. There typically would be no need to withdraw the I-140 petition. (06.Jul.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...

07:17 / FAQs / For Families / For Individuals / Immigrant Family / Resident
15 Jun 2022

I am working based on an H-4 EAD, and I have a pending I-485 based on my husband’s EB2 case. My husband’s I-485 was just approved. Can I continue working based on my H-4 EAD?

Answer Once the principal spouse's green card is approved, that individual generally is no longer considered to be in H1B status. And, if the principal spouse is no longer in H1B status, the dependent spouse typically cannot be maintaining valid H-4 status (or continue to use...

21:07 / Employment Based / Family Based / FAQs / For Employers / For Families / For Individuals / Nonimmigrant Family / Resident / Worker
15 Jun 2022

My green card expires in a few months. I need to travel overseas for a few weeks, but will be back at least a couple of months before it expires. Is there any requirement that the green card be valid for at least six months when traveling?

Answer No, there is no such requirement. You likely are thinking of the rule that requires the passport to be valid for at least six months beyond a nonimmigrant's anticipated stay in the United States. But even that "rule" only applies to passports issued by countries...

20:59 / FAQs / For Individuals / Resident / Travel
09 Jun 2022

I am a U.S. citizen. About 5 months ago, my mother entered in B-2 status to visit me and her grandchildren. At the last minute, we decided to apply for a green card for her. I filed the I-130 and I-485 for her, and those cases are still pending. Can my mother remain in the U.S. after her I-94s expire?

Answer Ordinarily, it is possible to remain in the U.S. in a period of authorized stay based on a pending I-485 application.  (08.Jun.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs...

06:45 / Family Based / FAQs / For Families / Immigrant Family / Resident / Visitor
09 Jun 2022

During my I-485 interview, the officer issued me an RFE for a police report. I provided the document within a few days. How long does it take to process an I-485 application once an RFE is responded to?

Answer Typically, the USCIS does not provide a specific breakdown of processing times based on whether an RFE has been issued, responded to, etc. Rather, the USCIS processing times webpage simply lists processing times based on the type of case and the field office or service...

06:35 / FAQs / For Individuals / Resident / USCIS News
09 Jun 2022

I have a friend who got a green card issued more quickly because he filed a second I-485 instead of interfiling his upgrade case. Is filing a second I-485 really a better option to get a green card more quickly?

Answer Normally, filing a second I-485 is not recommended and does not result in the green card being issued more quickly. To the contrary, if the USCIS officer reviewing the case follows the proper procedure, filing a second I-485 typically will result in additional delay.To be...

06:30 / Employment Based / FAQs / For Individuals / Resident
02 Jun 2022

My wife and I filed I-485 applications based on her EB3 I-140. Can I now interfile my I-485 based on my EB2 I-140?

Answer Yes, generally speaking, the fact that one's I-485 is pending based on a spouse's I-140 would not prevent the person from interfiling based on one's own I-140 petition. (01.Jun.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...

07:15 / Employment Based / FAQs / For Families / For Individuals / Immigrant Family / Resident
02 Jun 2022

My H1B was not selected in the lottery, so I am going to continue working for my employer on STEM OPT. Is it possible for the company to initiate the PERM process for me now, or do I first need to get into H1B status?

Answer There is no requirement that a person be in H1B status for a company to initiate a PERM case for that individual.  (01.Jun.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more...

07:07 / Employment Based / FAQs / For Employers / For Individuals / Resident / Student