Answer Being in the U.S. would typically not impact the wait time for an immigrant visa. If you happen to be in H1B status when the I-130 is approved and your priority date is current, you could file for adjustment of status (form I-485), as opposed...
For a variety of reasons, there are situations in which individuals who hold lawful permanent resident (LPR) status may wish to relinquish their green cards. Personal circumstances change over time and new opportunities present themselves, making it necessary or desirable to relocate outside of the...
A foreign national may become subject to inadmissibility for a variety of reasons. Those deemed inadmissible are not eligible for immigrant or nonimmigrant visas, admission to the United States, extension of nonimmigrant status, or adjustment of status to that of a lawful permanent resident (LPR)....
Answer Assuming Employer A did not withdraw the I-140 petition, yes, this should be possible. Obviously, you and Employer A would need to intend for you to work in the Java Developer position once the green card is issued. But the fact that you are not...
The PERM labor certification process is lengthy and complex. While many receive good news at the end of the process, some PERM decisions are not favorable. The Murthy Law Firm often receives inquiries from individuals and their employers following their receipt of PERM denials. These...
Any individual seeking an immigration benefit may experience long processing times. Although lengthy processing times are not necessarily a cause for concern, there are situations in which an individual or an employer may feel the need to take additional action and file a writ of...
Answer There is no conflict between being in L1A status and having a PERM case filed on one's behalf.Note, however, that the maximum amount of time a person may remain in L1A status is seven years. Unlike the H1B category, which allows a person to extend...
Answer Yes, gifted funds can be used for purposes of an EB5 investment. If any gift tax is owed, it would need to be paid, and the gift giver would need to provide documentation to show the lawful source of the funds being gifted. (14.Jun.2023)Sheela Murthy...
Answer Generally, if it is not possible to get an employment verification letter from the prior employer, it is possible to use coworker affidavits as evidence of past employment experience. (14.Jun.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our...
Today, the U.S. Department of State (DOS) released the July 2023 Visa Bulletin. The most notable change in the latest visa bulletin is further retrogression in the employment-based, third preference (EB3) category. All cutoff dates listed refer to those in the final action chart (i.e.,...
