Employment Based Archives - Murthy Law Firm

09 Mar 2026

Risk of Interfiling on a Child’s CSPA Eligibility

Each month, in anticipation of the release of the U.S. Department of State (DOS) Visa Bulletin, many individuals with pending applications for adjustment of status consider whether to transfer the underlying basis of a pending adjustment of status application, commonly known as “interfiling,” as explained...

05 Mar 2026

New Form I-129 and What it Means for H1B Cap Registration

The U.S. Citizenship and Immigration Services (USCIS) has released an updated edition of Form I-129, dated 02/27/26, which will be the only accepted version beginning 01.Apr.2026. The new edition includes significant changes to the H Classification Supplement that employers and practitioners should understand, particularly as...

09:41 / Employment Based / For Employers / NewsBrief / Resident / USCIS News / Worker

03 Mar 2026

My minor child may age out of their eligibility to immigrate as my dependent. Can my child file an EB5 petition as the main applicant?

Answer This is legally possible. However, if the child is under 18, advance planning is required to ensure that any investment agreements or related contracts signed by the child are legally valid and enforceable in the jurisdiction where they are signed. (03.Mar.2026)Sheela Murthy and other senior...

08:33 / EB5 Investor / FAQs / For Families / For Individuals / Immigrant Family / Investor / Resident

26 Feb 2026

Concerning Immigration Language Rumored to be in Federal Plea Agreements

It has recently come to the Murthy Law Firm’s attention that significant changes may be appearing in the language of federal plea agreements that could have serious immigration consequences for noncitizen defendants. Based on reports, new provisions are being included in plea deals that result...

07:40 / Employment Based / Family Based / For Families / For Individuals / Immigrant Family / NewsBrief / Nonimmigrant Family / Resident / Worker

24 Feb 2026

My EB2 I-140 is approved. Is it okay if my brother also sponsors me for a green card?

Answer Yes, filing a family-based green card case typically would not impact an existing employment-based case. (24.Feb.2026)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 © 2026, MURTHY LAW FIRM....

16:04 / Employment Based / Family Based / FAQs / For Families / For Individuals / Resident

24 Feb 2026

My wife and I wish to move back to India. My son is currently enrolled in university and wishes to remain in the U.S. Can I gift funds to my child so that he can apply for a green card through the EB5 program?

Answer Yes, this generally is possible. As the gift giver, you would need to provide various financial documents, including seven years of tax returns along with evidence of the lawful source of the funds. (24.Feb.2026)Sheela Murthy and other senior attorneys provide guidance that clarifies the law....

15:57 / EB5 Investor / FAQs / For Individuals / Investor / Resident

20 Feb 2026

March 2026 Visa Bulletin

The U.S. Department of State (DOS) has released the March 2026 Visa Bulletin. All cutoff dates listed below refer to the final action chart (i.e., Chart A), unless otherwise specified. Visa Bulletin Summary Employment-Based, First Preference (EB1) Category In the EB1 category, the cutoff dates for both China...

11:39 / EB5 Investor / Employment Based / For Employers / For Individuals / Investor / NewsBrief / Resident / Visa Bulletin

12 Feb 2026

DOS Confirms China is Not Part of Immigrant Visa Processing Pause

Per the American Immigration Lawyers Association (AILA), the U.S. Department of State (DOS) has confirmed that China is not included in the 75-country immigrant visa processing pause that took effect 21.Jan.2026. The clarification came after an erroneous alert appeared on the Travel Docs website causing...

08:34 / Employment Based / Family Based / For Families / For Individuals / Immigrant Family / NewsBrief / Resident

11 Feb 2026

I am a green card holder and wish to file for naturalization. However, I took a trip of more than six months to India within the last 5 years. Will this be an issue?

Answer While an absence of between 6-12 months is not necessarily a breach in residency for naturalization purposes, USCIS is increasingly scrutinizing absences of this length. (11.Feb.2026)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click...

06:14 / Employment Based / Family Based / FAQs / For Individuals / Resident / Travel

05 Feb 2026

Considerations Before Changing Jobs While I-485 Application is Pending

For foreign nationals awaiting a green card, the lengthy processing times for form I-485 applications for adjustment of status can create uncertainty about career opportunities. Many applicants wonder whether they can accept a new job offer, pursue a promotion, or make other employment changes while...

09:19 / AOS/CP / EB1 Category / EB2 National Interest Waiver / EB2 PERM Labor / EB3 PERM Labor / EB5 Investor / Employment Based / For Individuals / Immigrant Petition (I-140) / NewsBrief / PERM Labor / Resident / Worker

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