07 Jan 2021

The I-140 filed by my current employer was recently approved. If I move to a new employer now, do I still get to keep my priority date?

Answer Yes, once an I-140 has been approved, the beneficiary typically gets to retain the priority date. (07.Jan.2021)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 © 2021, MURTHY LAW...

30 Dec 2020

I failed to include the correct filing fee when I filed my I-485 in October, so the USCIS rejected it. Now, my priority date is no longer current. Can I refile now with the correct fee?

Answer If the I-485 application was properly rejected, one typically would not be able to refile the I-485 until the priority date is again current. (30.Dec.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here....

30 Dec 2020

My employer wishes to sponsor me for an L-1 position, but I am not able to get an appointment at the consulate. Can I enter on my B-1 visa and then apply for a change to L-1 status?

Answer Generally speaking, a foreign national is not permitted to enter the U.S. on a B-1 visa with the intention of applying for a change of status. (30.Dec.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services,...

24 Dec 2020

I hear there is now the possibility of a government shutdown, starting next week. Is that true?

Answer Unfortunately, yes! Everyone thought the shutdown was averted after representatives from the White House negotiated a compromise deal with Congress for a spending bill, which included a stimulus package. However, after Congress passed the omnibus spending bill, Trump announced that he was not happy with...

16 Dec 2020

I am working in H1B on as Senior Software Engineer, which was filed as a wage level 4 position. If I move to similar position with a different employer, can I be sponsored for a wage level 3 position?

Answer The wage level is determined by the requirements for the position. Working in a level 4 position now does not prevent an employer from later sponsoring you for a level 3 (or 2 or 1) position. (16.Dec.2020)Sheela Murthy and other senior attorneys provide guidance that...

16 Dec 2020

I was recently laid off from my job and am looking for a new employer. I am supposed to travel for a short trip to Canada. Can I travel and then return on H1B before the end of my 60-day grace period?

Answer No, once a person departs the U.S, it generally would not be possible to return during one's grace period. In order to return in H1B status, one would need a valid job offer and H1B petition. (16.Dec.2020)Sheela Murthy and other senior attorneys provide guidance that...

10 Dec 2020

A few weeks ago, my employer received the prevailing wage determination from the DOL with an incredibly high salary. My employer is not willing to pay this amount. Now that the DOL rule has been blocked by the courts, could we reapply to request a more reasonable salary?

Answer The employer does not necessarily have to completely reapply. Rather, any employer that wishes the DOL's Office of Foreign Labor Certification (OFLC) to review a prevailing wage determination issued based on October 8th regulation may do so by submitting a request for review before January...