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10 Aug 2023

My PERM case should be approved soon, and my employer will then be filing my I-140. If I leave to temporarily work in Canada under their new work program, would that create any problems with my green card case?

Answer As a general rule, leaving the U.S. during the PERM or I-140 stage would have no impact on one's green card case. (10.Aug.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more...

06:37 / Employment Based / FAQs / For Employers / For Individuals / Resident
13 Jul 2023

Updated Guidance on I-140 EAD Based on Compelling Circumstances

The U.S. Citizenship and Immigration Services (USCIS) has released updated guidance for an employment authorization document (EAD) based on compelling circumstances for a person who has an I-140 immigrant petition approval. The updated guidance explains the eligibility criteria for a compelling circumstances EAD, gives examples...

07:54 / Employment Based / For Families / For Individuals / NewsBrief / Nonimmigrant Family / Resident / USCIS News
28 Jun 2023

I have an approved I-140 through Employer A for a Java Developer position. After leaving that company, I eventually was promoted into management by Employer B. Earlier this year, my I-140 through Employer B was approved for a managerial role. Last week, I was laid off by Employer B. If my priority date becomes current in October, and the job with Employer A is still available, could I file an I-485 based on the old I-140?

Answer Assuming Employer A did not withdraw the I-140 petition, yes, this should be possible. Obviously, you and Employer A would need to intend for you to work in the Java Developer position once the green card is issued. But the fact that you are not...

20:12 / Employment Based / FAQs / For Employers / For Individuals / Resident
15 Jun 2023

I have been in L1A status for a few years, and my employer is about to start an EB2 PERM case for me. I did not work as a manager in India, so I do not qualify for EB1(c). Do I have to move to H1B to proceed with the EB2 case?

Answer There is no conflict between being in L1A status and having a PERM case filed on one's behalf.Note, however, that the maximum amount of time a person may remain in L1A status is seven years. Unlike the H1B category, which allows a person to extend...

07:13 / Employment Based / FAQs / For Employers / For Individuals / Resident / Worker
15 Jun 2023

My previous employer is refusing to provide me with an employment verification letter. For my EB3 case, can I use affidavits from my former coworkers as evidence of my prior work experience?

Answer Generally, if it is not possible to get an employment verification letter from the prior employer, it is possible to use coworker affidavits as evidence of past employment experience. (14.Jun.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our...

07:05 / Employment Based / FAQs / For Individuals / Resident