Answer Depending on the circumstances, there can be different risks in moving from EB2 to EB3. A common one, however, is that USCIS might discover a problem in the EB2 petition that previously was not identified. (10.Dec.2018)In frequent sessions of our Chat, Sheela Murthy and other...
Answer Normally, when the USCIS issues an RFE on an I-140 asking about "ability to pay," the agency wants to see evidence that the Petitioner has had the cash / resources to pay the I-140 offered wage from the date the labor certification was filed. (10.Dec.2018)In...
Answer The H1B and the PERM/I-140 do not necessarily need to have the same job requirements. The I-140 is (technically) always for "future" employment (i.e. the job that one will perform upon receiving the green card). It does not need to be the same job. (03.Dec.2018)In...
The U.S. Department of State (DOS) Chief of the Visa Control and Reporting Division, Charles Oppenheim, provides visa bulletin explanations and predictions. This month, Mr. Oppenheim provides some updated predictions regarding the employment-based categories, including a sobering long-term prediction for the employment-based, second preference (EB2)...
Answer Yes, one could file an I-130 petition for a sibling under these circumstances. However, due to backlogs in this category, it will likely take 20+ years to get a green card as the sibling of a U.S. citizen. (26.Nov.2018)In frequent sessions of our Chat, Sheela...
Answer Talk to a qualified attorney. A company can ALWAYS revoke sponsorship of a green card prior to the GC being approved. The impact of this will differ, based on what stage one has reached in the process. (26.Nov.2018)In frequent sessions of our Chat, Sheela Murthy...
While the teleconference series offered by the Murthy Law Firm is designed for employers and their representatives, this information may be of interest to employees and to those considering launching a startup. In this teleconference, recorded November 7, 2018, Murthy Law Firm attorneys continue the...
Answer To travel in this situation, one generally would need either a valid AP or a valid H1B or L-1 visa. (19.Nov.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat...
The dates for filing (DF) chart is to be used for all family- and employment-based categories in the December 2018 Visa Bulletin, per the U.S. Citizenship and Immigration Services (USCIS) update to its adjustment-of-status filing charts webpage. This is the third month in a row...
The U.S. Department of State (DOS) has released the December 2018 Visa Bulletin. There is a bit of movement for most of the oversubscribed categories, including in the employment-based, first preference (EB1) category. All cutoff dates referenced refer to the dates in the final action...
