14 Jan 2021

I was working in H1B status but am now working for an affiliate in Canada. Can the U.S. company file a PERM case for me while I am outside the U.S.?

Answer Yes. Ordinarily, a company can file a PERM case for an individual regardless of whether the person is in the United States.  (14.Jan.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more...

07 Jan 2021

The I-140 filed by my current employer was recently approved. If I move to a new employer now, do I still get to keep my priority date?

Answer Yes, once an I-140 has been approved, the beneficiary typically gets to retain the priority date. (07.Jan.2021)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 © 2021, MURTHY LAW...

31 Dec 2020

Update on COVID-Related Delays at USCIS

The COVID-19 pandemic has greatly exacerbated delays and backlogs at the U.S. Citizenship and Immigration Services (USCIS). These delays have been especially pronounced with regard to the scheduling of biometrics appointments at application support centers (ASCs) and in the issuance of receipt notices. Update on Biometrics...

22 Dec 2020

USCIS Extends Flexibility for Responding to Requests Until Jan 31, 2021

The U.S. Citizenship and Immigration Services (USCIS) has again extended the response time flexibility, initially announced on March 30, 2020 due to the COVID-19 pandemic. This flexibility applies to applicants and petitioners responding to any of the following, issued from March 1, 2020 through January...

10 Dec 2020

A few weeks ago, my employer received the prevailing wage determination from the DOL with an incredibly high salary. My employer is not willing to pay this amount. Now that the DOL rule has been blocked by the courts, could we reapply to request a more reasonable salary?

Answer The employer does not necessarily have to completely reapply. Rather, any employer that wishes the DOL's Office of Foreign Labor Certification (OFLC) to review a prevailing wage determination issued based on October 8th regulation may do so by submitting a request for review before January...

03 Dec 2020

NewsFlash! Bill to End Employment-Based Per-Country Cap Inches Closer to Becoming Law

Last night, the U.S. Senate passed the Fairness for High Skilled Immigrants Act, which would eliminate the per-country cap on employment-based green cards, and increase the per-country limit for family-based categories. The Senate version is an amended version of the bill previously passed by the...