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02 Jun 2026

I heard that the DHS reversed course on the recent 21.May.2025 AOS memo and now says that most immigrants seeking green cards will not need to leave the U.S. to complete the process. Can you please clarify?

Answer While the reported U.S. Department of Homeland Security (DHS) reversal and clarification are encouraging, it remains unclear how the U.S. Citizenship and Immigration Services (USCIS) will apply the guidance in the memo. Adjustment of status (AOS) remains a discretionary benefit, and USCIS officers will continue...

16:17 / Employment Based / Family Based / FAQs / For Families / For Individuals / Homeland Security / Resident / USCIS News
27 May 2026

USCIS recently issued guidance emphasizing that AOS is discretionary and for extraordinary circumstances and that individuals seeking permanent residence generally should apply through consular processing. How could this affect my already pending I-485 application?

Answer It remains unclear how the USCIS will apply this guidance and whether it could affect adjustment of status (AOS) applications that are already pending. However, based on reports from recent adjustment interviews, applicants may be asked to explain why they pursued AOS in the United...

07:16 / Employment Based / Family Based / FAQs / For Employers / For Families / For Individuals / Homeland Security / Immigrant Family / Resident / USCIS News
19 May 2026

We realized after my company filed the ETA Form 9089 that there was a mistake on the application. Can it be corrected after filing?

Answer No. The U.S. Department of Labor typically does not permit typographical error corrections for a filed ETA Form 9089. In some cases, if the recruitment advertisements are still valid, the employer may be able to withdraw the application and refile a corrected ETA Form 9089....

11:08 / Employment Based / FAQs / For Employers / For Individuals / Resident
19 May 2026

My EB1C priority date became current a few years ago, but I did not file my Form I-485 at that time. I later entered the U.S. in L1A status and planned to apply for adjustment of status with my family. Is there any issue with applying for a green card after waiting a few years after my priority date became current?

Answer As long as the qualifying job offer underlying the approved Form I-140 immigrant petition remains valid, there is typically no specific deadline by which a person must file the Form I-485 application for adjustment of status after the priority date becomes current. (19.May.2026)Sheela Murthy and...

11:05 / Employment Based / FAQs / For Employers / For Individuals / Resident
19 May 2026

I have a pending employment-based Form I-485 application based on a job offer from one employer. I understand that I may be able to transfer the underlying basis of the I-485 to either a different employment-based category or a new employer based on another approved Form I-140 petition. Does my priority date need to be current to make this request?

Answer Yes. In order to transfer the underlying basis of a pending Form I-485 application, the priority date generally must be current for your country of chargeability under the Final Action Dates chart in the U.S. Department of State Visa Bulletin for the category associated with...

11:03 / Employment Based / FAQs / For Individuals / Resident
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