23 Mar 2023

I have an approved I-140 from my previous employer. My current employer has not yet started my PERM process. Can I use my previous I-140 to extend my H1B status beyond 6 years? Does it matter if the prior employer is no longer conducting business?

Answer Generally speaking, as long as the previous I-140 is still valid, it can be used for purposes of extending H1B status beyond the six-year max, assuming the individual otherwise qualifies for this benefit. Once 180 days have passed following the approval of an I-140 petition,...

22 Mar 2023

April 2023 Visa Bulletin

Today, the U.S. Department of State (DOS) released the April 2023 Visa Bulletin. All cutoff dates listed refer to those in the final action chart (i.e., Chart A), unless otherwise specified. Visa Bulletin Summary Employment-Based, First Preference (EB1) Category There is no movement in the EB1 category, with...

09 Mar 2023

I am in H1B status and my employer just filed a PERM LC for me. Am I allowed to travel while this case is pending?

Answer Ordinarily, travel has no impact on a pending or approved PERM LC.  (09.Mar.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 LAW FIRM. All Rights Reserved...

22 Feb 2023

USCIS Extends COVID-19 Flexibilities a Final Time: Through 23.Mar.2023

The U.S. Citizenship and Immigration Services (USCIS) has extended certain flexibilities related to the COVID-19 pandemic through 23.Mar.2023. The USCIS anticipates that this will be the final extension of these measures. Flexible Deadlines Applicable through 23.Mar.2023 Under the extension, applicants and petitioners will continue to have an...

09 Feb 2023

My brother is a partner in a U.S. company. Can that company file a PERM case for me? Would the fact that a family member owns part of the company increase the chances of it being denied?

Answer If the sponsoring company is owned by someone related to the foreign national being sponsored, that definitely can lead to a denial in a PERM case. In order for the case to be approved in that situation, the employer must be able to demonstrate that...

09 Feb 2023

I am in H1B status and have an approved I-140. If I move to H-4 status and work on an EAD, will that have a negative impact on my green card case?

Answer A change from H1B to H-4 typically would have no impact on the I-140.  (09.Feb.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 LAW FIRM. All...

08 Feb 2023

2023 Poverty Guideline: Impacts on Affidavits of Support

Each year, the U.S. Department of Health and Human Services (HHS) is responsible for setting federal poverty guidelines, which are used to determine whether an individual or family qualifies for certain government benefits. These guidelines are important in the immigration context, particularly with respect to...