12 Feb 2025

More than 180 days after my I-485 had been filed, I started interviewing for a new position. My I-485 was finally approved, however, before the company made a final job offer. Is it possible to port my green card to this new employer, now?

Answer AC21 portability is no longer an option after your green card has been approved. You typically are required to report to your sponsoring employer for work in this situation. (12.Feb.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our...

12 Feb 2025

I recently became a citizen of Canada. If I invest $60,000 in a business in the U.S., can that be enough to qualify as a “substantial investment” to get an E-2 visa? Would it help if I brought in a partner to increase the investment amount?

Answer There is no set amount required to qualify for an E-2. Rather, what is required is that the investment be (1) substantial in a proportional sense; (2) sufficient to ensure the investor’s financial commitment to the successful operation of the E-2 business; and (3) of...

05 Feb 2025

For my EB2 case, I need to get an experience letter from my former employer. Is it ok if the letter just confirms the dates of my employment, or does the letter have to provide information on my previous job duties?

Answer According to the applicable regulation, experience letters must include a specific description of the duties performed. (05.Feb.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 © 2025, MURTHY LAW...

05 Feb 2025

I have a valid H1B visa stamp in my passport. If a new employer files an H1B for me for consular processing, does that mean I have to go again for stamping?

Answer If the H1B is filed for consular processing, it means the petition will not be approved with an I-94. If the beneficiary already has a valid H1B visa “stamp” in their passport, however, they do not need to go back to the consulate. Rather, the...

05 Feb 2025

I am in the U.S. in L1A status and my family is here on L-2. We were all born in India. My eldest daughter is 18. If my employer files an EB1 case for me now, will she be able to get a green card through me, or will she age out?

Answer In your situation, there is actually no way to know for certain whether your daughter will age out at this stage. You likely would not know for a number of years. There are a couple of things you may be able to do to help...