Answer Generally speaking, the fact that you are friends with the owner of a company would not prevent that company from filing a PERM case for you. Assuming the company has a position available for you, and otherwise meets the basic requirements, yes, it typically is...
Answer Yes, it is possible for a company to meet the "doing business" requirement, even if one entity is solely providing services to the other entity. This can make the case more challenging, but the Murthy Law Firm has represented companies successfully in filing such cases,...
Answer Requesting retention of a priority date does not void or otherwise invalidate the original I-140. If the previous employer did not withdraw the I-140, and if the position being offered to you is the same, it is possible that the same I-140 still could be...
Answer There is no way to expedite the PERM process. The DOL has a very clear, absolute, no-expedite rule. You can look here on the DOL website to see the priority dates of the PERM cases under process. That information is typically pretty reliable. (15.May.2024)Sheela Murthy...
Answer If at least 180 days have passed since the I-140 was approved, the USCIS will not revoke an I-140 based solely on it being withdrawn by the employer. Therefore, it typically can still be used by one's spouse for purposes of applying for an H-4...
Answer There is no requirement for the beneficiary of an approved EB1(c) petition to work in the U.S. until the green card is issued. So, this generally would be allowed.Note, however, that the "ability to pay" requirement that had to be overcome to get the I-140...
Answer Generally, no. If you are maintaining H1B status, you are not required to start using your EAD, and you can keep the card as a backup. Once you start using your EAD, your H1B status terminates. And, in many, if not most, situations, we recommend...
Answer Unfortunately, the H-4 EAD rule only applies for H-4 spouses. Regardless of the reason behind the request, the USCIS cannot approve an H-4 EAD application filed on behalf of an H-4 dependent child. (17.Apr.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law....
Answer You can file your own I-485 application, but your wife must be physically in the U.S. in order to file her I-485. (17.Mar.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more...
Answer Generally speaking, it is possible to request a 7th year extension of H1B status before a PERM has been pending for the full 365 days, as long as the requested start date is within the next six months, and as long as the PERM will...
