Answer In this situation, it may be possible for the education and experience to be used to qualify for an EB2 position. This, of course, assumes that the job being offered has EB2-level requirements. (04.Jan.2024) Sheela Murthy and other senior attorneys provide guidance that clarifies...

After noting an inconsistency in the Visa Bulletin, U.S. Department of State & USCIS have updated all versions of January 2024 Visa Bulletin’s Dates for Filing chart with correct cut-off date of June 1, 2020, for EB2 China.

Answer If there has been a material change to the nature of the position, that typically would require filing a new labor certification and I-140 petition for that new position. Fortunately, however, if you have an approved I-140, you should be able to retain the...

Answer No, you can use premium processing to get the result of the I-140 petition relatively quickly. If it is approved, you just will not be able to use it for purposes of applying a form I-485 adjustment of status application (or an immigrant vias...

Answer Unfortunately, no. Priority dates cannot be transferred between employment-based and family-based petitions. (17.Aug.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...

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...

Answer Yes, in most situations, it is possible to be charged against a spouse’s country of birth when applying for a green card. This is known as cross-chargeability. The fact that the marriage took place after the I-140 was filed typically would not impact a...

Answer A letter from the previous employer is typically preferred. But, yes, if it is not possible to get such a letter, it may be possible to use coworker affidavits as evidence of past employment experience. (19.Jan.2023) Sheela Murthy and other senior attorneys provide guidance...

Answer If an I-140 is filed for you under the EB1(c) category and that case is denied, it normally would have no impact on the existing EB2 case (or your ability to retain the old priority date.) (30.Nov.2022) Sheela Murthy and other senior attorneys provide...