Answer Ordinarily, it is possible to remain in the U.S. based on a pending I-485 application. So, it typically is not required to extend one's underlying nonimmigrant status. However, if the person has not maintained nonimmigrant status and the I-485 is denied, this typically means the...
Answer There is no need to add a new spouse to an approved I-140. When the priority date is current, both spouses generally are eligible to file their I-485 applications, regardless of whether the current spouse is listed in the I-140. (02.Feb.2023)Sheela Murthy and other senior...
A layoff can present significant challenges for any worker. But, for foreign nationals, a layoff can present an additional layer of difficulties. These FAQs are designed to provide general information regarding some of the more common issues that arise following layoffs for foreign nationals with...
Answer Having a pending green card case does not prevent a person from requesting admission in B-2 status. However, there generally is an increased risk of being denied admission based on immigrant intent. (19.Jan.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...
Answer A letter from the previous employer is typically preferred. But, yes, if it is not possible to get such a letter, it may be possible to use coworker affidavits as evidence of past employment experience. (19.Jan.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies...
The U.S. Citizenship and Immigration Services (USCIS) has announced that the premium processing service soon will be made available for all new and pending I-140 petitions filed under the EB1(c) multinational executive and manager category and EB2 national interest waiver (NIW) I-140 petitions. The USCIS...
The U.S. Department of State (DOS) has released the February 2023 Visa Bulletin. There is almost no movement in the employment-based categories from the previous month. All cutoff dates listed refer to those in the final action chart (i.e., Chart A), unless otherwise specified. Visa Bulletin...
Beginning of the year planning, such as retention of records for H1B petitions (Public Access Files) and Labor Certification cases (Compliance Files) are discussed by Murthy Law Firm attorneys in this 04.Jan.2023 podcast.The MP3 is available here and will soon appear in the archive of...
Answer No, unfortunately, it normally is not possible to take a priority date from a family-based case and apply it to an employment-based case. (12.Jan.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access...
Many foreign nationals who are hoping to become lawful permanent residents (LPRs) face extended backlogs in visa number availability. Since visa number backlogs vary enormously by the country against which an applicant is counted or "charged," it is important to understand the options for favorable...
