16 Jan 2020

I am Indian and have an approved EB2 I-140. If I apply for a national interest waiver (NIW), will that help me get a green card more quickly?

Answer If an NIW I-140 is approved, the case still falls under the EB2 category. So, while the NIW category has certain benefits (e.g., self-sponsorship), it generally will not help with regard to the lengthy backlogs in the visa bulletin. (16.Jan.2019)Sheela Murthy and other senior attorneys...

02 Jan 2020

Several years ago, my I-140 from Employer A was approved with a June 2015 priority date. Last year, I received an approved I-140 from Employer B, which lists the same June 2015 priority date. If I decide to move back to Employer A, can I transfer the priority date back to Employer A’s I-140?

Answer You don't exactly "transfer" the priority date from one I-140 to another. Rather, assuming the initial I-140 has not be revoked for fraud, misrepresentation, revocation of the LC, or material error, the beneficiary generally can retain that priority date for any other I-140. Doing so...

20 Dec 2019

January 2020 Visa Bulletin: Updated Predictions

The U.S. Department of State (DOS) has released the January 2020 Visa Bulletin. This month's visa bulletin also includes predictions for cutoff date movement in the coming months. All cutoff dates listed refer to the dates in the final action (FA) chart, unless otherwise specified. Employment-Based,...

19 Dec 2019

I was born in India, but just received citizenship in Canada. Can I now move to the Canada queue for a green card?

Answer Generally speaking, in the green card context, an applicant is charged against the country of birth, not the country of citizenship. Becoming a British citizen typically would have no impact on the green card process. (18.Dec.2019)Sheela Murthy and other senior attorneys provide guidance that clarifies...

12 Dec 2019

I am in H1B status and my wife is in H-4 status. She was issued an H-4 EAD based on my approved I-140. If she moves to H1B status, and I then change to H-4 status, can I use my approved I-140 to apply for an H-4 EAD?

Answer No, you cannot use your own approved I-140 to qualify for an H-4 EAD. (11.Dec.2019)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 © 2019, MURTHY LAW FIRM. All Rights...