The PERM labor certification application must state the sponsoring employer's minimum educational and/or experience requirements for the offered position. Thus, complications arise if the foreign national beneficiary gained all or a part of the required experience for the position while employed by the green card...
Because of a political fight at the federal level related to the annual budget, there is a possibility that the U.S. government will be forced to temporarily shut down, starting October 1, 2015. Such shutdowns are rare and there still is a chance that it...
Answer When filing an I-485, it is important to be able to show that one has maintained status since last entering the U.S. People often include more of their immigration history than that, but the legal requirement is from the last entry. In employment-based I-485 cases,...
Answer Yes, the USCIS now allows the filing of the I-485 without an I-693. The USCIS typically then requests the medicals via a request for evidence (RFE). At the Murthy Law Firm, we generally recommend that our clients include the I-693 at the time of filing,...
Answer The answer depends, in part, upon how long the I-140 was pending, as that is part of the CSPA calculation. There are unanswered questions about the impact of the DF chart on the CSPA - but the starting point would be to calculate his CSPA...
Answer The dependent spouse can remain in H-4 status as long as the primary applicant remains in H1B status. The filing of the I-485 doesn't change the H-1/H-4 status, unless the I-485 for the primary gets approved OR the primary starts working on the EAD. (21.Sep.2015)In...
Every month, the U.S. Department of State (DOS) provides an explanation of visa bulletin developments and discusses trends in the movement of priority dates and other issues of interest. This information comes directly from Charles Oppenheim, Chief of the Visa Control and Reporting Division. This...
For many years, the Murthy Law Firm has received inquiries for regarding filing cases in the employment-based, first preference (EB1) category. These requests clearly are motivated by retrogression (or the non-availability of visa numbers) for many in the employment-based, second (EB2) and third (EB3) preference...
The recent overhaul of the U.S. Department of State (DOS) visa bulletin system, which goes into effect on October 1, 2015, has generated enormous excitement. While the changes to the visa bulletin tend to primarily benefit those applying for permanent residency (green cards) through the...
The Board of Alien Labor Certification Appeals (BALCA) issued a decision on August 17, 2015 addressing whether an incorrect heading in an online advertisement was a valid reason for denying the PERM labor certification. In Matter of SDG Post Oak, BALCA held that an advertisement...
