21 May 2018

I am out of the U.S. and my AP renewal application was denied because I traveled while it was pending. My current AP does not expire for a few months. Can I still use it to enter the U.S.?

Answer Yes, as long as the current AP is valid, it can be used. The denial of the extension should not be problematic. One would need to refile upon return. (21.May.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies...

11 May 2018

Updated Rulemaking Agenda Again Lays Out Trump’s Harsh Plans for Foreign Nationals

At the end of 2017, MurthyDotCom summarized a number of concerning immigration regulations under consideration by the Trump Administration in the NewsBrief, Troubling Immigration Rules, Including End of H-4 EAD, on Trump’s Rulemaking Agenda (2017.Dec.15). While none of the rules has yet come to light,...

07 May 2018

My I-485 application (filed based on my approved I-140) is pending. Can I work a second job (part time) using my EAD? Will it be a problem that I have two different W-2s?

Answer An I-485 EAD provides nearly unrestricted work authorization. So, yes, a person may have multiple employers. It is important to remember, however, that one's green card job offer normally should be retained at all times so that one remains eligible for the I-485 approval. (07.May.2018)In...

07 May 2018

May 2018 Visa Bulletin Check-In: Short-Term Predictions

Most months, the U.S. Department of State (DOS) Chief of the Visa Control and Reporting Division, Charles Oppenheim, provides visa bulletin explanations and predictions. For the May 2018 Visa Bulletin, Mr. Oppenheim only provides some very minor, short-term predictions. Family-Based Preference Categories For most family-based (FB) preference...

23 Apr 2018

My EB2 I-140 is approved. Now, I am being moved to work at a different physical location, but will be in the same position, performing the same duties. Do I need a new I-140 and/or a new PERM?

Answer Unless the PERM application was filed for multiple work locations, a change in work location may require a new labor certification and I-140. (23.Apr.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For...