20 Aug 2025

My employer just obtained the prevailing wage for my PERM and is about to start recruitment. Am I allowed to travel?  

Answer Neither the PERM labor certification process nor I-140 petition imposes any travel limitations on the sponsored employee. Travel considerations typically become a concern when the employee is pursuing the actual green card application process. (20.Aug.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the...

20 Aug 2025

I became a conditional permanent resident through the EB5 program. Does time spent as a conditional resident count toward the 5-year requirement to apply for U.S. citizenship?

Answer Yes, time spent as a conditional permanent resident counts toward fulfillment of the requirements to apply for U.S. citizenship. (20.Aug.2025)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 ©...

06 Aug 2025

Our company has both a PERM and H1B process ongoing for an employee. If the H1B petition is denied, will it impact the ongoing PERM application?

Answer No, a denial of the H1B petition typically does not affect the PERM process. Similarly, if the PERM case is denied, the H1B petition normally would not be impacted. (06.Aug.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our...

06 Aug 2025

My father recently became a U.S. citizen and would like to sponsor me for a green card. Is that allowed, even though I already have a pending EB2 case?

Answer Yes, this normally would be allowed. Filing a family-based case generally would have no impact on a pending employment-based case. Both cases could continue, but each would have a separate priority date. (i.e., The priority date from an employment-based case cannot be used for a...

23 Jul 2025

I am in H-4 status and recently was charged with shoplifting. What immigration impact might this have?

Answer It is important to get immigration guidance and criminal representation. The consequences depend, to a large extent, upon the maximum possible sentence allowed for the charge in the particular state. In some locations, a conviction for shoplifting makes one removable (i.e., deportable) and inadmissible. In...

16 Jul 2025

My husband recently passed away. He had an approved I-140 petition, and I was listed as his derivative spouse. Am I allowed to apply for a green card based on his petition?

Answer Certain derivative beneficiaries of employment-based immigrant petitions or adjustment applications may continue their case even after the principal applicant’s death. Among the requirements to qualify, you must have been residing in the United States at the time of your husband’s passing and must continue to...