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17 Jun 2025

I have an upcoming interview for my marriage-based green card application. Will I be interviewed together with my U.S. citizen spouse or separately?

Answer In marriage-based green card cases, the petitioner and beneficiary typically are interviewed together. However, if marriage fraud is suspected, the officer has the discretion to interview each spouse separately. (17.Jun.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our...

17:58 / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident
17 Jun 2025

My school operates on a quarter-based schedule with summer, fall, winter, and spring academic quarters. Instead of taking courses this coming winter, am I permitted to take a vacation?

Answer If a student attends a school on a quarter or trimester calendar, they may take one vacation per year during any one of the quarters or trimesters, as long as they have completed the equivalent of an academic year prior to taking the vacation. (17.Jun.2025)Sheela...

17:53 / F-1 / FAQs / For Individuals / Student
11 Jun 2025

I was born in India but have Australian citizenship. I entered the U.S. a few years ago on E-2 to oversee an IT business I invested in. I have an Australian contractor I now wish to directly employ in the U.S. The individual does not have an ownership stake in the U.S. entity. Can an E-2 visa still be issued in this situation?

Answer Under the right circumstances, it is possible for a company to file an E-2 for an employee, as opposed to the investor. An E-2 employee must have the same nationality as the E-2 enterprise and must be coming to fill an executive, supervisory, or essential...

13:41 / FAQs / For Employers / For Individuals / Worker
05 Jun 2025

The PERM prevailing wage determination we received came back too high for our company. We also believe that the Department of Labor misclassified the occupation or improperly increased the wage level based on certain requirements. Can we appeal the determination?

Answer If an employer disagrees with the prevailing wage determination, they can first request a redetermination. If that is unsuccessful, they may request a director’s review. If that too is unsuccessful, the employer may appeal to the Board of Alien Labor Certification Appeals (BALCA). However, given...

05:38 / Employment Based / FAQs / For Employers / Resident
05 Jun 2025

The project with my H1B employer is coming to an end. We found a new project I can work on, but it is only for about 20 hours per week. Is that permissible?

Answer An H1B petition can be approved for a part-time position. If moving from a full-time position to a part-time one, an amendment typically would be required, and it should indicate that the new position is part time. (04.Jun.2025)Sheela Murthy and other senior attorneys provide guidance...

05:35 / FAQs / For Employers / For Individuals / Worker
05 Jun 2025

I am in H1B status and am engaged to a green card holder. Once we are married and she sponsors me for a green card, can I keep working on H1B while the case is pending?

Answer Yes, an H1B worker can continue working in H1B status throughout this family-based green card process. There is no conflict between the H1B and the I-130 because ‘immigrant intent’ is not an issue for H1B workers. (04.Jun.2025)Sheela Murthy and other senior attorneys provide guidance that...

05:30 / Family Based / FAQs / H1B / Resident / Worker
28 May 2025

I have an approved I-140 in the EB3 category that was filed for the position of software developer. I recently was promoted to a managerial position. Does my employer need to file a new PERM case?

Answer Normally, unless the individual qualifies for AC21 (i.e., I-485 has been pending for at least 180 days and the new position is the same or similar), a new PERM case would be required in order to be sponsored under the new position. (28.May.2025)Sheela Murthy and...

15:38 / Employment Based / FAQs / For Employers / For Individuals / Resident