21 May 2025

The PERM position we are sponsoring an employee for requires certain special skills. Will these skills increase the wage level determination for the position?

Answer Including special skills often will increase the wage level, unless the U.S. Department of Labor determines that the skills are typical for an entry-level position in the occupation. (21.May.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...

21 May 2025

A few years ago, my U.S. citizen brother sponsored me for a green card. Can I use the approved I-130 to extend my H1B status beyond 6 years?

Answer Unfortunately, a pending or approved I-130 petition cannot be used to extend one’s H1B status beyond the standard 6-year limit. (21.May.2025)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...

14 May 2025

I am a green card holder and will soon be marrying a man who is here in B-2 status. If I sponsor him for a green card before his status expires, can he remain in the U.S. while the case is pending?

Answer While it is possible for a lawful permanent resident to sponsor a spouse for a green card, there currently are backlogs in this category. Filing the I-130 petition does not provide any immediate ability to remain in the U.S., and it is not possible to...

14 May 2025

I work for a company in India that has a contract with a U.S. company. They are our main client, and we do a lot of business with them. Is it possible to qualify for L-1 based on this relationship?

Answer No, this relationship likely would not suffice. You generally must show common ownership and control to have a qualifying relationship. (14.May.2025)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 May 2025

Can my employer file an H1B petition that would allow me to work at two different client sites on two different projects?

Answer Yes, this generally is possible. A single LCA can have multiple worksites. And the H1B petition filed by the employer can indicate that the foreign national will work on two different projects at two different locations. (07.May.2025)Sheela Murthy and other senior attorneys provide guidance that...

07 May 2025

Can my employer initiate an EB2 case for me now, even though I am on OPT? If so, can I use that approved I-140 to move to H1B status without having to go through the lottery?

Answer It is possible to be sponsored for an EB2 or EB3 position while still on OPT. But, even if the I-140 is approved, this would not exempt you from having to go through the H1B lottery. (07.May.2025)Sheela Murthy and other senior attorneys provide guidance that...

30 Apr 2025

I received a B-1/B-2 visa stamp a few years ago. More recently, I was issued an F-1 visa stamp by the same U.S. consulate. Does this mean my B-1/B-2 is no longer valid?

Answer Typically, applying for an F-1 visa “stamp” would not impact the validity of an existing B-1/B-2 visa. (30.Apr.2025)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 © 2025, MURTHY...