14 Jan 2021

Given the processing delays for I-485 filings, is it possible the Biden Administration will eliminate the interview requirement for employment-based cases?

Answer The interview requirement for all employment-based I-485 applications was implemented by the Trump Administration in 2017. Undoubtedly, that is one of the factors that has led to USCIS processing delays. It is possible the Biden Administration could reverse this requirement. However, as of yet, there...

14 Jan 2021

I was working in H1B status but am now working for an affiliate in Canada. Can the U.S. company file a PERM case for me while I am outside the U.S.?

Answer Yes. Ordinarily, a company can file a PERM case for an individual regardless of whether the person is in the United States.  (14.Jan.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more...

07 Jan 2021

The I-140 filed by my current employer was recently approved. If I move to a new employer now, do I still get to keep my priority date?

Answer Yes, once an I-140 has been approved, the beneficiary typically gets to retain the priority date. (07.Jan.2021)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 © 2021, MURTHY LAW...

31 Dec 2020

Update on COVID-Related Delays at USCIS

The COVID-19 pandemic has greatly exacerbated delays and backlogs at the U.S. Citizenship and Immigration Services (USCIS). These delays have been especially pronounced with regard to the scheduling of biometrics appointments at application support centers (ASCs) and in the issuance of receipt notices. Update on Biometrics...

30 Dec 2020

I failed to include the correct filing fee when I filed my I-485 in October, so the USCIS rejected it. Now, my priority date is no longer current. Can I refile now with the correct fee?

Answer If the I-485 application was properly rejected, one typically would not be able to refile the I-485 until the priority date is again current. (30.Dec.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here....