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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...

11:02 / Employment Based / FAQs / For Individuals / Resident
10 Apr 2025

Best Practices for Noncitizens Returning to the U.S.

In light of recent immigration policies and heightened scrutiny at U.S. ports of entry, many noncitizens are feeling anxious about returning to the U.S. It is important to approach reentry with preparation and caution. While every situation is unique, there are several best practices that...

10:19 / Employment Based / Family Based / For Families / For Individuals / Homeland Security / Immigrant Family / NewsBrief / Nonimmigrant Family / Resident / Student / Travel / Visitor / Worker
09 Apr 2025

My I-485 has been pending for more than 180 days, and I just interfiled a new I-140 petition from my current employer. I received a job offer with a new employer and want to request AC21 portability. Can I do this immediately after having interfiled?

Answer Normally, after interfiling an approved I-140 petition, you must wait another 180 days before requesting AC21 portability to a new job offer. If you interfiled a pending I-140, then you typically must wait 180 days from the date the pending I-140 is approved. (09.Apr.2025)Sheela Murthy...

14:02 / Employment Based / FAQs / For Individuals / Resident
03 Apr 2025

Reminder: Employers Must Disclose Familial Relationships on PERM Applications

When completing the ETA form 9089, application for permanent employment certification (PERM labor certification), employers may overlook a small but important question on the form: “Is there a familial relationship between the foreign worker and the owners, stockholders, partners, corporate officers, and/or incorporators?” Before breezing...

07:55 / Employment Based / For Employers / NewsBrief / Resident
02 Apr 2025

I sent my application to the wrong USCIS lockbox. Will the USCIS still adjudicate my case?

Answer Typically, the USCIS does not reroute a case sent to the wrong address. Rather, the USCIS usually rejects such cases and returns them to the applicants. (02.Apr.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services,...

12:25 / Employment Based / Family Based / FAQs / For Employers / For Individuals / Resident / USCIS News / Worker
02 Apr 2025

My employer agreed to sponsor me for a green card in the EB1(c) category if I pay all the fees. Am I allowed to pay for this?

Answer Yes, it normally is permissible for the foreign national to pay all the fees related to an EB1(c) petition. (02.Apr.2025)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 ©...

12:17 / Employment Based / FAQs / For Employers / For Individuals / Resident