28 Feb 2024

I am currently on H1B, with my I-94 valid through 2026, and my employer had advised me I am eligible to take 3 months of unpaid leave through the Family and Medical Leave Act (FMLA). If, at the end of my leave, I decide to change to H-4 status (or change employers), is that permissible?

Answer An H1B worker typically is entitled to take FMLA leave to the same extent as any other similarly situated employee at that company. So, assuming you are eligible for FMLA, you would normally be viewed as having maintained H1B status throughout the FMLA period, even...

26 Feb 2024

EB2 or EB3: Understanding the Difference

The Murthy Law Firm periodically receives questions from those who do not know the categories of their pending employment-based permanent residence ("green card") cases. This is a useful piece of information, which determines timeframes and options for an individual or family. While generally available from...

22 Feb 2024

Murthy Takes Action: Firm Pushes for Increase in Number of Green Card Available Annually

The attorneys in our firm regularly track governmental policies and takes action to improve the immigration process for our clients and the immigration community at large. To that end, the Murthy Law Firm recently submitted a petition for rulemaking to the U.S. Department of State...

08 Feb 2024

I am working in TN status and my employer said they are willing to file a PERM case for me. However, I was told this could create problems when renewing my TN later because of immigrant intent. Should I avoid moving forward with the green card case?

Answer A person being admitted to the United States in TN status must demonstrate nonimmigrant intent. However, even an approved I-140, by itself, is not sufficient reason to deny a person's TN application or extension request. (08.Feb.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies...