03 Jun 2021

I am currently stuck in India. My PERM was recently approved. Does my employer need to wait until I return to the U.S. to file the I-140 petition?

Answer No, there generally is no requirement that the beneficiary be in the U.S. at the time the I-140 is filed.  (03.Jun.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...

02 Jun 2021

Murthy Law Firm’s Comments on Barriers to USCIS Benefits and Services

The U.S. Department of Homeland Security (DHS) issued a request for public input in April 2021, regarding "…how U.S. Citizenship and Immigration Services (USCIS) can reduce administrative and other barriers and burdens within its regulations and policies, including those that prevent foreign citizens from easily...

27 May 2021

A few years ago, after my I-140 was approved, I moved back home to work for my employer’s affiliate in India. If my priority date becomes current, is there a time limit for me to return to the U.S. and file my I-485 application?

Answer Ordinarily, there is no set time limit for filing an I-485 application after one's priority date has become current. (27.May.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 ©...

13 May 2021

In order for me to qualify for an EB2 position with my current employer, I need to evidence my work experience with my previous employer, but my old employer will not give me an experience verification letter. Can I force them to give one to me?

Answer There is no requirement under immigration law that normally would force a former (or current) employer to provide you with an employer verification letter. However, there may be other options to evidence your previous work experience, such as affidavits from former co-workers.  (13.May.2021)Sheela Murthy and...

06 May 2021

I just became a U.S. citizen, and wish to sponsor my brother and mother for green cards. I understand the process for sponsoring siblings takes many, many years. Should I just sponsor my mother, and then, when she gets a green card, she can sponsor my brother?

Answer It is true that the family-based category is severely backlogged. But, if your brother is married, your mother would have to wait until she is a citizen to sponsor him. Even if he does not marry, the general recommendation would be to sponsor the sibling...