Answer No, unfortunately, it normally is not possible to take a priority date from a family-based case and apply it to an employment-based case. (12.Jan.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access...
Many foreign nationals who are hoping to become lawful permanent residents (LPRs) face extended backlogs in visa number availability. Since visa number backlogs vary enormously by the country against which an applicant is counted or "charged," it is important to understand the options for favorable...
Answer Yes, two employers can have PERM cases filed for the same person at the same time. The restriction is on the same employer filing two PERMs for the same person at the same time. (04.Jan.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the...
Part 1 (15.Dec.2022) of this MurthyDotCom article provides a number of tips and reminders for companies to verify that they have remained in compliance with certain key employment and immigration regulations. This second part continues the discussion, focusing on wage issues related to H1B workers. Salary...
Answer If one's spouse moves to a different H1B employer, this generally does not impact the H-4 status or existing EAD. Similarly, even if the employer withdraws the I-140, this does not have a direct impact on the existing H-4 EAD. However, depending on how much...
The U.S. Department of State (DOS) has released the January 2023 Visa Bulletin. With the exception of retrogression for China and India in the employment-based, first preference (EB1) category, there little-to-no movement in any of the employment-based categories. All cutoff dates listed refer to those...
As we approach the end of another new year, now is a good time for employers to review a number of immigration-related matters and documents to help ensure smooth business operations in 2023. It is always advisable to engage in internal audits to identify and...
Answer Once an employer-sponsored green card is issued, the expectation typically is that the beneficiary will work for the sponsoring employer in the position listed on the I-140. If the person works in that position, while also earning money through a second job, entrepreneurship, etc, this...
Options for those whose employment has unexpectedly ended are discussed by Murthy Law Firm attorneys in this podcast from 07.Dec.2022. The strategies discussed include change of employer in H1B status, change of status to B, and filing a compelling circumstances EAD.The MP3 is available here...
As is painfully evident for many, the process of sponsorship for permanent residence (commonly referred to as a "green card") via employment can be extremely lengthy. The timeframes, from initiation of the PERM labor certification (PERM LC) application with the U.S. Department of Labor (DOL)...
