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28 Jul 2022

After my U.S. employer filed a PERM for me, I was transferred overseas on a temporary assignment. My PERM was recently approved. Can the I-140 be filed now, or do I have to be in the U.S. when the I-140 is filed?

Answer Typically, there is no need to be in the U.S. when an I-140 is filed. (27.Jul.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, MURTHY LAW FIRM....

08:04 / Employment Based / FAQs / For Employers / For Individuals / Resident
28 Jul 2022

In 2016, my I-140 from Company A was approved. In 2019, I transferred that priority date to an approved I-140 filed by Company B. I then requested the priority date again be transferred to an I-140 filled by Company C. That I-140 is still pending. I now wish to move to Company D. Will I lose my priority date from Company A’s I-140 if I leave before Company C’s I-140 is approved?

Answer No, this should not impact your ability to retain the priority date from Company A's approved I-140. Unless the I-140 filed by Company A is revoked for fraud, willful misrepresentation, the invalidation of the underlying labor certification, or material error, you generally will be allowed...

08:01 / Employment Based / FAQs / For Individuals / Resident
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