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05 Jun 2024

When I was a green card holder, I sponsored my adult, unmarried daughter for a green card. I have since become a U.S. citizen. If my daughter marries, can her pending case be converted to the married daughter category?

Answer Unfortunately, no. If your daughter marries now, the family-based, second preference "B" (FB2B) case you filed for her would no longer be approvable. Instead, generally, you would have to start from scratch with a family-based, third preference (FB3) case. (05.Jun.2024)Sheela Murthy and other senior attorneys...

12:37 / Citizen / Family Based / FAQs / For Families / Immigrant Family / Resident
05 Jun 2024

A couple of years ago, I ported the priority date from my previous employer’s I-140 to the I-140 filed by my new employer. My old employer recently contacted me, and I am considering a move back to them. Would they have to re-file my PERM and I-140 because I ported the priority date?

Answer Requesting retention of a priority date does not void or otherwise invalidate the original I-140. If the previous employer did not withdraw the I-140, and if the position being offered to you is the same, it is possible that the same I-140 still could be...

12:32 / Employment Based / FAQs / For Employers / For Individuals / Resident
29 May 2024

I got married to a green card holder last year, and he sponsored me for a green card. The petition is still pending, but our marriage has been a very poor match, and we have already separated. When he withdraws the petition, will this prevent me from applying for a visa or green card in the future?

Answer Generally speaking, having an I-130 petition filed and then withdrawn would not prevent a person from applying for a visa or green card in the future. This information would have to be disclosed, as appropriate, however, such as on the DS-160, where it asks if...

13:16 / FAQs / For Families / For Individuals / Resident
29 May 2024

I am Indian born and my EB2 case has a 2017 priority date. My daughter will turn 21 later this year, so I know she will age out before my case becomes current. If I make an EB5 investment, can I use that to get a green card for the entire family, or will she still age out? I see EB5 India is backlogged on the visa bulletin in one place, but not in other places, so I am not clear whether I have missed my chance to file.

Answer The EB5 category is a bit confusing on the visa bulletin because it is divided into four separate subcategories. There is EB5 Unreserved, and then three different Set Asides – rural, high unemployment, and infrastructure.If you invest in any of the Set Asides, the category...

13:13 / EB5 Investor / FAQs / For Families / For Individuals / Investor / Resident
27 May 2024

Murthy Success: EB1(a) Approved for Computer Networking and Info Security Expert

The Murthy Law Firm regularly assists foreign nationals in filing self-sponsored immigrant petitions under the EB1(a) category as persons of extraordinary ability (EA). In one such case, the immigrant petition (form I-140) was filed for an expert in the field of computer networking and information...

09:09 / EB1 Category / EB2 National Interest Waiver / Employment Based / For Individuals / NewsBrief / Resident / Success Story / USCIS News