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23 Apr 2025

I am in EB2 and my priority date is current in EB3. I would like to interfile and request an EB3 downgrade, but I am no longer with the employer that filed the I-140. Can I downgrade and then request AC21 portability to my current employer?

Answer When you interfile a downgrade or upgrade request, you are informing the USCIS that you intend to work for the employer listed on the interfiled I-140 petition when your I-485 is approved. If you do not intend to work for this employer, then you cannot...

11:02 / Employment Based / FAQs / For Individuals / Resident
23 Apr 2025

I understand I am required to carry proof of my immigration status with me. As a green card holder, can I carry a copy of the green card? Or, do I have to carry the original?

Answer Technically speaking, the law requires a green card holder to carry with them the original I-551 (i.e., green card). (22.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 ©...

10:59 / FAQs / For Individuals / Resident
23 Apr 2025

I will be applying for a new H1B visa stamp when I am in India next month. My current H1B visa stamp is still valid for another 4 months. If the consulate denies my visa renewal, am I still allowed to return using the existing visa stamp?

Answer If your visa renewal request is denied, this would not directly impact your existing H1B visa “stamp.” However, the consular officer has the ability to revoke the existing visa stamp, if they so wish. (22.Apr.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the...

10:57 / FAQs / For Individuals / Travel / Worker
15 Apr 2025

I am on H1B working for Company A and I received a job offer from Company B. I initially agreed to join Company B, but I have since changed my mind. If Company B’s H1B transfer is approved, what are my options to keep my job with Company A?

Answer Even if the USCIS approves an H1B change of employer, there generally is no requirement under immigration law that you join the other employer. Assuming Employer A’s petition is still valid, you typically are not required to take any action in order to continue working...

18:32 / FAQs / For Individuals / Worker
15 Apr 2025

About six months ago, my 15-year-old son automatically became a U.S. citizen when I naturalized. We then filed an N-600 application, but we are still waiting for his certificate of citizenship to be issued. Is he required to register based on the new alien registration process?

Answer No, a U.S. citizen is normally not subject to the alien registration requirement. (15.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 LAW FIRM. All Rights...

18:29 / Citizen / FAQs / For Families / For Individuals
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