11 Sep 2024

If I have a PERM case with an I-140 approved in EB2, can I then use that case to file an I-140 in EB3 even if the labor certification has expired?

Answer In general, yes, this is permissible. There is a USCIS memo that says, as long as one I-140 petition was filed within the validity period of the labor certification, another I-140 petition can be filed. (11.Sep.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies...

09 Sep 2024

APA Lawsuits for Unlawful Agency Actions

The majority of immigration cases are adjudicated correctly by the U.S. Citizenship and Immigration Services (USCIS) and other relevant U.S. government agencies. But there are situations in which a government agency makes an adverse decision on a case that is contrary to the law. In...

04 Sep 2024

I lived in the U.S. for 12 years while on H1B and now my daughter wants to sponsor my wife and me for a green card. I know I am eligible for a waiver of an affidavit of support because I have earned 40 quarters of employment in the U.S., but does my wife need an affidavit of support?

Answer No. Ordinarily, one's wife in this situation would not need an affidavit of support, because she can be credited with your 40 quarters of employment. (03.Sep.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click...

28 Aug 2024

My employer is sponsoring me for a PERM position that requires prior work experience. Can I use experience gained with a foreign employer to qualify for the position?

Answer Typically, yes, it is possible to use work experience gained abroad, assuming the experience was related to the position. (28.Aug.2024)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 ©...

27 Aug 2024

NewsFlash! Federal Judge Orders Temporary Halt to Parole-in-Place Program

A federal judge in Texas has temporarily blocked the Biden Administration from continuing to grant parole in place under its Keeping Families Together program. As noted in the MurthyDotCom NewsBrief, USCIS Starts Accepting Applications for Keeping Families Together Program (22.Aug.2024),  this program is designed to...