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12 May 2026

My family’s and my immigrant visas were all approved, with me as the principal applicant and my spouse and children as derivative beneficiaries. Can my derivative family members enter the United States using their immigrant visas before I do?

Answer No. The primary (or principal) applicant must enter before or at the same time as derivative family members with visas. (12.May.2026)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...

07:18 / Consulates / Employment Based / Family Based / FAQs / For Families / For Individuals / Resident
12 May 2026

I was not selected in the H1B lottery. Does that mean my employer cannot proceed with the PERM labor certification process for me?

Answer There is no requirement that an employee be in H1B status for an employer to pursue the PERM labor certification process on the employee’s behalf. An employer may generally begin the PERM process regardless of whether the employee was selected in the H1B lottery or...

07:17 / Employment Based / FAQs / For Employers / For Individuals / Resident / Worker
12 May 2026

I am a conditional green card holder with an expired green card, but I have an automatic extension based on the receipt notice for my petition to remove conditions. Does this place any restrictions on my international travel?

Answer Generally, a conditional green card holder may travel internationally using the expired green card together with the valid extension notice from the petition to remove conditions.However, some countries, such as Mexico, may not permit entry to individuals traveling with an expired U.S. green card unless...

07:15 / Employment Based / Family Based / FAQs / For Individuals / Resident / Travel
06 May 2026

My H1B was approved, and I worked in the U.S. for three years. I then spent two years abroad. Can I use the remaining three years of H1B time, or do I need to go through the lottery again?

Answer In most cases like this, you may use the unused portion of your initial six-year H1B period and would not need to reenter the lottery. (06.May.2026)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click...

14:17 / FAQs / For Employers / For Individuals / Worker
06 May 2026

My I-485 application was filed in the EB3 India category and has been pending for more than 180 days. If I want to use AC21 to port to a similar position with a different employer, does my priority date still have to be current on the date I move to that employer?

Answer No, there is no requirement that the priority date still be current in order for a person to use AC21 to port to a same or similar position. (06.May.2026)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...

14:14 / Employment Based / FAQs / For Individuals / Resident / Visa Bulletin
29 Apr 2026

I have an employment-based green card and am getting ready to file for citizenship. Since obtaining my green card, I have changed jobs and am no longer working in the same field. Is this a problem?

Answer Generally speaking, you are not required to be working in the same field at the time of applying for naturalization as when you received your green card. However, in some circumstances it may be an issue. Before seeking new post-green card employment or applying for...

11:00 / Citizen / Employment Based / FAQs / For Individuals / Resident
29 Apr 2026

I understand that EB5 Regional Center (RC) cases must be filed by 30.Sep.2026 to be grandfathered into the EB5 category, as the RC program is scheduled to sunset on 30.Sep.2027. Does the same deadline apply to direct investment EB5 filings?

Answer No. Unlike the RC program, the direct investment EB5 program is not scheduled to sunset on 20.Sep.2027, and is therefore not subject to the grandfathering deadline. (29.Apr.2026)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services,...

10:58 / EB5 Investor / Employment Based / FAQs / For Individuals / Investor / Resident
29 Apr 2026

Is there a way to check the status of my pending PERM application while the ETA Form 9089 is processing with the U.S. Department of Labor (DOL)?

Answer Yes. General PERM processing times can be found on the DOL's FLAG website. If you have your case number, you can check the specific status of your case using the DOL's Case Status Search tool. (29.Apr.2026)Sheela Murthy and other senior attorneys provide guidance that clarifies...

10:52 / Employment Based / FAQs / For Employers / For Individuals / Resident
22 Apr 2026

I was selected in the H1B lottery, but my registration listed a different work location than where I actually will be working. Can my employer file the H1B petition for the new location?

Answer Yes. The USCIS has stated that it will not deny a new or amended H1B petition solely because the work location differs from the one listed in the original registration. However, the proffered wage must continue to meet or exceed the same OES wage level...

10:35 / FAQs / For Employers / For Individuals / USCIS News / Worker