28 May 2025

I have an approved I-140 in the EB3 category that was filed for the position of software developer. I recently was promoted to a managerial position. Does my employer need to file a new PERM case?

Answer Normally, unless the individual qualifies for AC21 (i.e., I-485 has been pending for at least 180 days and the new position is the same or similar), a new PERM case would be required in order to be sponsored under the new position. (28.May.2025)Sheela Murthy and...

21 May 2025

The PERM position we are sponsoring an employee for requires certain special skills. Will these skills increase the wage level determination for the position?

Answer Including special skills often will increase the wage level, unless the U.S. Department of Labor determines that the skills are typical for an entry-level position in the occupation. (21.May.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...

08 May 2025

DHS Reportedly Freezes the EBE Program for Issuing Social Security Cards

The U.S. Department of Homeland Security (DHS) has reportedly frozen the Enumeration Beyond Entry (EBE) program  under which noncitizens could request a social security number on various U.S. Citizenship and Immigration Services (USCIS) forms, including Form I-765, Application for Employment Authorization; Form I-485, Application to...

07 May 2025

Can my employer initiate an EB2 case for me now, even though I am on OPT? If so, can I use that approved I-140 to move to H1B status without having to go through the lottery?

Answer It is possible to be sponsored for an EB2 or EB3 position while still on OPT. But, even if the I-140 is approved, this would not exempt you from having to go through the H1B lottery. (07.May.2025)Sheela Murthy and other senior attorneys provide guidance that...

05 May 2025

Adding a Spouse or Child to a Principal Applicant’s Green Card Process

When an individual applies for lawful permanent resident (LPR) status (commonly, a green card) in the United States, certain family members may also qualify for LPR status as derivative beneficiaries. Such family members typically include the principal applicant’s spouse and any unmarried children under the...

01 May 2025

MurthyAudio: Best Practices for International Travel 2025

Murthy Law Firm attorneys guide nonimmigrants and others on preparation for entering the U.S. at a port of entry (POE) in 2025. The MP3 is available here and can be found in the archive of our teleconferences and podcasts on iTunes.           ...

23 Apr 2025

I am in EB2 and my priority date is current in EB3. I would like to interfile and request an EB3 downgrade, but I am no longer with the employer that filed the I-140. Can I downgrade and then request AC21 portability to my current employer?

Answer When you interfile a downgrade or upgrade request, you are informing the USCIS that you intend to work for the employer listed on the interfiled I-140 petition when your I-485 is approved. If you do not intend to work for this employer, then you cannot...