21 Jan 2021

I have been working in the U.S. legally for many years, and still have years to wait to get a green card. If I become an illegal alien, will that help me get a green card faster under President Biden?

Answer There is a widespread misconception that President Biden has proposed providing green cards to undocumented immigrants at the expense of those working legally in the United States. In reality, President Biden has proposed a single bill that would both provide a path for undocumented immigrants...

21 Jan 2021

Now that President Biden is in office, will premium processing be made available for H-4 EADs? Or will the regular processing times for H-4 EADs at least be improved?

Answer It is unclear if or when premium processing may be made available for H-4 EADs. It certainly is possible, but there is no word yet from the new administration. As for standard processing times, it is hard to imagine processing times could get much worse...

14 Jan 2021

I filed my I-485 application at the end of October, but I still have not received a receipt notice and my filing fee checks have not been cashed. Is there any way I can follow up on my application?

Answer The USCIS is experiencing significant delays in issuing receipt notices for the I-485s filed at lockboxes in October. You can try sending an eMail to the USCIS lockbox support at lockboxsupport@uscis.dhs.gov. However, it appears that many of these inquiries are going unanswered.  (14.Jan.2021)Sheela Murthy and...

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

My mother was admitted in B-2 status in February 2020. Prior to her I-94 expiring, she applied for a B-2 extension. That case is still pending. Is it true that she can stay for 240-days based on the pending extension?

Answer The 240-day rule applies to the extension of employment authorization for certain categories of nonimmigrant workers. It does not apply to B-2 applicants. Typically, if an application to extend status is timely filed, the applicant may remain in the U.S. in a period of authorized...

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...