15 Jun 2023

I have been in L1A status for a few years, and my employer is about to start an EB2 PERM case for me. I did not work as a manager in India, so I do not qualify for EB1(c). Do I have to move to H1B to proceed with the EB2 case?

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...

15 Jun 2023

My previous employer is refusing to provide me with an employment verification letter. For my EB3 case, can I use affidavits from my former coworkers as evidence of my prior work experience?

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...

24 May 2023

I am in H1B status and have an approved I-140. I own home and installed a shed in my backyard. My neighbor is threatening to sue, claiming that the shed violates local zoning laws, is encroaching on her property, etc. I believe my neighbor is completely mistaken, but, if she sues and somehow wins, is there any chance this could harm my current status or future green card case?

Answer A civil lawsuit generally would have no impact on a person's H1B status or green card application.  (24.May.2023)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 © 2023, MURTHY...

16 May 2023

In 2020, my I-140 was approved for a position as a Senior Engineer. My employer recently promoted me to Engineering Manager. Does the company need to file a new PERM case for me?

Answer If there has been a material change to the nature of the position (as described on the ETA9089 form) that typically would require a new PERM labor certification and I-140 petition for that new position. Given that you have an approved I-140, however, you should...