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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
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
24 Mar 2022

I received my green card in the EB2 category last month. I wish to remain with my existing employer, but also to work a second job. Would that jeopardize my green card?

Answer If a person continues to work in the green card position, working a second job concurrently typically would not jeopardize the green card (or future naturalization application).  (23.Mar.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online...

07:47 / Employment Based / FAQs / For Individuals / Resident
03 Mar 2022

I was working for a company abroad as a manager for more than one year, and my employer then transferred me to the U.S. on H1B. Can they sponsor me for a green card through the EB1(c) multinational manager / executive category, or do I have to be moved to L1A status, first?

Answer There is no requirement that a foreign national be in L1A status before being sponsored for a green card through the EB1(c) category. Being in H1B status would not prevent an employer for filing an EB1(c) case on your behalf, assuming you meet all the...

08:09 / Employment Based / FAQs / For Employers / For Individuals / Resident / Worker
10 Feb 2022

My I-140 is approved, and my priority date likely will be current soon. My employer offered me a special job that would have be working at an overseas office for a few years. If I accept this position, would I still be able to use the I-140 when I return to the U.S.? Is there a time limit for filing my I-485 after the priority date becomes current?

Answer Generally speaking, there is no set time limit for filing an I-485 after the priority date becomes current. (09.Feb.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,...

08:01 / Employment Based / FAQs / For Employers / For Individuals / Resident / Travel
03 Feb 2022

My employer filed my PERM LC several months ago. They would not let me get involved in the process, and now I found out the case has been audited. Is that a sign that the employer made a mistake in the PERM filing?

Answer First of all, your employer did the right thing by making sure you were not involved in the PERM LC process. If you had been involved, this alone could have resulted in a denial. Keep in mind that the PERM process is primarily a labor...

06:57 / Employment Based / FAQs / For Employers / For Individuals / Resident
16 Dec 2021

After working in India as a manager for several years, I transferred to a subsidiary in the U.S. in L1A status. I have been in L1A status for four years. I spoke with my employer about sponsoring me for a green card through the EB1(c) category. They told me I do not qualify because I need to have worked as a manager abroad for at least one year in the past three years. Does this mean I need to go back to work in India for another year to qualify?

Answer Based on the information provided, there is a good chance you already qualify for the EB1(c) category. Normally, in order to qualify as a multinational manager / executive for EB1(c) purposes, the foreign national must have worked abroad for a related company as a manager...

08:51 / Employment Based / FAQs / For Employers / For Individuals / Resident / Worker