19 May 2026

We realized after my company filed the ETA Form 9089 that there was a mistake on the application. Can it be corrected after filing?

Answer No. The U.S. Department of Labor typically does not permit typographical error corrections for a filed ETA Form 9089. In some cases, if the recruitment advertisements are still valid, the employer may be able to withdraw the application and refile a corrected ETA Form 9089....

19 May 2026

My EB1C priority date became current a few years ago, but I did not file my Form I-485 at that time. I later entered the U.S. in L1A status and planned to apply for adjustment of status with my family. Is there any issue with applying for a green card after waiting a few years after my priority date became current?

Answer As long as the qualifying job offer underlying the approved Form I-140 immigrant petition remains valid, there is typically no specific deadline by which a person must file the Form I-485 application for adjustment of status after the priority date becomes current. (19.May.2026)Sheela Murthy and...

19 May 2026

I have a pending employment-based Form I-485 application based on a job offer from one employer. I understand that I may be able to transfer the underlying basis of the I-485 to either a different employment-based category or a new employer based on another approved Form I-140 petition. Does my priority date need to be current to make this request?

Answer Yes. In order to transfer the underlying basis of a pending Form I-485 application, the priority date generally must be current for your country of chargeability under the Final Action Dates chart in the U.S. Department of State Visa Bulletin for the category associated with...

12 May 2026

My family’s and my immigrant visas were all approved, with me as the principal applicant and my spouse and children as derivative beneficiaries. Can my derivative family members enter the United States using their immigrant visas before I do?

Answer No. The primary (or principal) applicant must enter before or at the same time as derivative family members with visas. (12.May.2026)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...

12 May 2026

I was not selected in the H1B lottery. Does that mean my employer cannot proceed with the PERM labor certification process for me?

Answer There is no requirement that an employee be in H1B status for an employer to pursue the PERM labor certification process on the employee’s behalf. An employer may generally begin the PERM process regardless of whether the employee was selected in the H1B lottery or...

12 May 2026

I am a conditional green card holder with an expired green card, but I have an automatic extension based on the receipt notice for my petition to remove conditions. Does this place any restrictions on my international travel?

Answer Generally, a conditional green card holder may travel internationally using the expired green card together with the valid extension notice from the petition to remove conditions.However, some countries, such as Mexico, may not permit entry to individuals traveling with an expired U.S. green card unless...

11 May 2026

MurthyAudio: CBP / Port of Entry Issues

Common issues that non-citizens face when reentering the U.S. after travel abroad are discussed by Murthy Law Firm attorneys in this podcast, broadcasted on 06.May.2026.The MP3 is available here and soon can be found in the archive of our podcasts and teleconferences on iTunes. Find...

06 May 2026

My I-485 application was filed in the EB3 India category and has been pending for more than 180 days. If I want to use AC21 to port to a similar position with a different employer, does my priority date still have to be current on the date I move to that employer?

Answer No, there is no requirement that the priority date still be current in order for a person to use AC21 to port to a same or similar position. (06.May.2026)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...