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09 Apr 2025

My I-485 has been pending for more than 180 days, and I just interfiled a new I-140 petition from my current employer. I received a job offer with a new employer and want to request AC21 portability. Can I do this immediately after having interfiled?

Answer Normally, after interfiling an approved I-140 petition, you must wait another 180 days before requesting AC21 portability to a new job offer. If you interfiled a pending I-140, then you typically must wait 180 days from the date the pending I-140 is approved. (09.Apr.2025)Sheela Murthy...

14:02 / Employment Based / FAQs / For Individuals / Resident
02 Apr 2025

I sent my application to the wrong USCIS lockbox. Will the USCIS still adjudicate my case?

Answer Typically, the USCIS does not reroute a case sent to the wrong address. Rather, the USCIS usually rejects such cases and returns them to the applicants. (02.Apr.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services,...

12:25 / Employment Based / Family Based / FAQs / For Employers / For Individuals / Resident / USCIS News / Worker
02 Apr 2025

My employer agreed to sponsor me for a green card in the EB1(c) category if I pay all the fees. Am I allowed to pay for this?

Answer Yes, it normally is permissible for the foreign national to pay all the fees related to an EB1(c) petition. (02.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 ©...

12:17 / Employment Based / FAQs / For Employers / For Individuals / Resident
19 Mar 2025

I am a green card holder, and my employer transferred me to its foreign office for 18 months. I have an approved reentry permit and filed an N-470 application to preserve my residency for naturalization purposes. Do I still need to maintain ties to the U.S. to avoid abandoning my green card?

Answer Yes. While a reentry permit allows you to return to the U.S. after a year or more abroad, and an N-470 preserves your residence for naturalization purposes, the USCIS can still determine that you have abandoned your green card if your overall circumstances do not...

07:18 / Citizen / Employment Based / Family Based / FAQs / For Individuals / Resident / Travel
05 Mar 2025

My employer is filing an EB2 case for me, and I will need to use work experience to qualify. I understand I can only use experience I have gained with the employer filing my PERM case if certain conditions are met. Is experience I gained with my employer’s affiliate subject to the same restrictions?

Answer If the U.S. affiliate has a separate FEIN from the company sponsoring you, then experience gained with that affiliate is not subject to the “on the job” experience restrictions. The same typically is true for a foreign affiliate that is a separate business entity. (05.Mar.2025)Sheela...

15:37 / Employment Based / FAQs / For Employers / For Individuals / Resident
26 Feb 2025

I am about to apply for U.S. citizenship, but I was recently laid off. Since I do not have steady employment income at the moment, can I show my savings to prove I am not a public charge?

Answer There is no public charge requirement when applying for U.S. citizenship. In general, your employment status and amount you have in savings do not really matter when applying to naturalize, except for purposes of requesting a fee waiver. (25.Feb.2025)Sheela Murthy and other senior attorneys provide...

07:55 / Citizen / Employment Based / FAQs / Resident
19 Feb 2025

The PERM prevailing wage determination we received is higher than the salary we are currently paying the sponsored employee, and we don’t want to increase their salary immediately. Is this a problem?

Answer The company is only required to pay the sponsored employee the PERM prevailing wage once they receive their green card. However, the company must demonstrate the ability to pay the prevailing wage from the time the PERM application is filed until the employee receives the...

13:16 / Employment Based / FAQs / For Employers / Resident