An employer may withdraw an approved Form I-140 after an employee changes jobs or the permanent position is no longer available. Whether that withdrawal ends the petition's approval depends largely on its timing. If the approval remains in effect, the petition may still help the...
Answer The issue is not well settled. However, under a conservative interpretation, services performed while the individual is physically present in the United States would likely be considered employment, even if the employer is located abroad and the compensation is paid outside the United States. (10.Nov.2026) Sheela Murthy...
Proactive tips to prepare for filing your I-485 application are discussed by Murthy Law Firm attorneys in this podcast for employers. Topics include what to have ready when the priority dates move, how to file a downgraded I-140 petition, and other matters that arise when...
Answer Generally, no. An unexpired H1B visa stamp ordinarily may be used with the new employer’s valid H1B approval notice. The traveler should carry the new approval notice and evidence of current employment and should be prepared to explain the change of employer when requesting admission....
Answer Generally, yes. A blanket L refusal does not necessarily prevent the employer from filing an individual Form I-129 petition with USCIS. The individual petition should address the concerns raised during the blanket application and include detailed evidence establishing each L-1 requirement. (27.Oct.2026) Sheela Murthy and other...
The U.S. Department of State (DOS) has released the November 2026 Visa Bulletin. Several employment-based and family-based cutoff dates advance, while others remain unchanged. Unless otherwise noted, the cutoff dates below are from the final action chart (Chart A), which governs when an immigrant visa...
A consular interview is an important step for many applicants seeking a U.S. nonimmigrant visa. Procedures and questions vary by visa category and consular post, but preparation can help applicants to present accurate information about their travel plans and qualifications. This article explains what to...
Answer No. The filing of a PERM labor certification or Form I-140 does not terminate valid TN status. However, TN classification requires temporary intent, and an immigrant filing can create complications during visa issuance, admission, or a future TN application/petition. The timing of travel and future...
In the typical employment-based permanent residence (commonly, "green card") case, the second stage of the three-stage process is the employer's Immigrant Petition for Alien Worker, filed on the I-140 form. One of the essential aspects of the I-140 is the requirement that the sponsoring employer...
The U.S. Department of Homeland Security (DHS) has issued a proposed rule that would eliminate the regulation requiring U.S. Citizenship and Immigration Services (USCIS) generally to defer to an earlier eligibility determination when reviewing a Form I-129 filing involving the same parties and underlying facts....
