Employment Based Archives - Page 66 of 138 - Murthy Law Firm

16 Jul 2018

I was issued a green card through my employer almost 5 years ago, and my wife received her green card as my dependent. If she applies for citizenship but I don’t, will that create any complications?

Answer Naturalization applications are individual applications. There is no requirement that all members of a family apply. (16.Jul.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click here.Access more...

13 Jul 2018

NewsFlash! New Memo Makes it Easier for USCIS to Deny Cases Without First Issuing RFE or NOID

This afternoon, the U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum that provides officers with more discretion to deny an application or petition without first having to issue either a request for evidence (RFE) or notice of intent to deny (NOID). This memo...

18:03 / Citizen / Employment Based / Family Based / For Employers / For Families / For Individuals / Immigrant Family / Investor / NewsBrief / Nonimmigrant Family / Resident / Student / USCIS News / Visitor / Worker

13 Jul 2018

August 2018 Visa Bulletin: Some Movement in EB3, EB1 Retrogresses

This morning, the U.S. Department of State (DOS) released the August 2018 Visa Bulletin. The employment-based, third preference (EB3) category advance a bit for India, and surges forward for China. Meanwhile, a cutoff date is instituted in the employment-based, first preference (EB1) category for all...

10:47 / Employment Based / NewsBrief / Resident / Visa Bulletin

09 Jul 2018

After my I-140 is approved, can I change to a different position? Does that impact my I-140?

Answer The I-140 is based on a particular job. If that exact job is no longer being offered to you when the priority date becomes current, the I-140 cannot be used to file one's I-485 application. A new PERM and I-140 typically would be required for...

12:49 / Employment Based / FAQs / For Employers / For Individuals / Resident / Worker

09 Jul 2018

Given that the program may be terminated, is it advisable to apply for an H-4 EAD at this time?

Answer The H-4 EAD program likely will be eliminated at some point. Assuming the program is eventually terminated, we do not know yet what impact that will have on those with existing H-4 EADs. But, it certainly is possible that those with existing EADs will be...

12:43 / Employment Based / FAQs / For Individuals / Resident / Worker

25 Jun 2018

DOL Memo on Roving Employees Remains in Effect

Although the website for the U.S. Department of Labor (DOL) was recently updated to indicate that a key memorandum on roving employees was "canceled," the DOL has since then confirmed that the memo remains in effect. The memo was written in 1994 by the then-Administrator...

13:56 / Employment Based / For Employers / For Individuals / NewsBrief / Resident

25 Jun 2018

I got my green card through my employer 9 months ago. I now have a lucrative job offer from another company. Will my GC be at risk if I move to a new employer now?

Answer A person who receives an employer-sponsored "green card" is generally advised to remain with the sponsoring employer for at least six months to avoid possible allegations of misrepresentation during the naturalization process. Generally, changing after this time period would be relatively safe. (25.Jun.2018)In frequent sessions...

13:16 / Citizen / Employment Based / FAQs / For Individuals / Resident

15 Jun 2018

July 2018 Visa Bulletin: Modest Advancement for EB2 and EB3 India

The July 2018 Visa Bulletin has been released by the U.S. Department of State (DOS). As predicted, the cutoff dates for India in both the employment-based, second preference (EB2) and the employment-based, third preference (EB3) categories advance by several months. EB2 China also advances, while...

09:25 / Employment Based / NewsBrief / Resident / Visa Bulletin

11 Jun 2018

Can one have two I-140 petitions (one for EB2 and the other for EB3) pending at the same time? Will there be any RFE questioning the same?

Answer There normally is no particular reason that the USCIS would have concerns about two I-140 petitions in different classifications. An RFE is unlikely on this matter. (11.Jun.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in...

14:09 / Employment Based / FAQs / For Employers / Resident

04 Jun 2018

As a Canadian citizen, am I eligible to enter in TN status, even though I have an approved I-140?

Answer The TN is not technically one of the limited dual-intent categories, and therefore Canadians who wish to enter the U.S. in TN status are required to have nonimmigrant intent. However, the USCIS has said previously that an I-140 petition is not automatically indicative of immigrant...

12:21 / Employment Based / FAQs / For Individuals / Resident / Worker

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