Answer An I-485 generally can only be filed if the priority date is current. If the PD retrogresses before the I-485 is filed, the beneficiary must wait until it becomes current again. That being said, note that the beneficiary can file the I-485 directly, as opposed...
Answer It is not mandatory to withdraw one of the petitions. The USCIS is supposed to track these matters so that cap numbers aren't wasted, but it isn't entirely clear that they really can do so. In any event, as long as the petitions are not...
Answer It is ok to apply for jobs while an EAD application is pending, but work cannot start until the EAD is issued. (27.Apr.2015)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For...
Answer No. Green cards generally are based upon family or employment sponsorship. There are also certain humanitarian (e.g., asylum) categories, as well as the diversity lottery. But, length of time is not enough, other than something called 'registry,' which only applies if the person has been...
A group of former employees of Southern California Edison have filed suit against the U.S. Department of Homeland Security (DHS) to try to block the new regulation that is scheduled to allow qualifying H-4 spouses to apply for employment authorization documents (EADs). While news of...
Beginning May 1, 2015, stakeholders must begin using a revised version of the H classification supplement (form I-129), which specifically asks whether the beneficiary of the H1B petition has an ownership interest in the petitioning employer. This disclosure requirement is related to U.S. Citizenship and...
... in management to increase my chances for getting good employment options in the future. Am I able to take classes while on OPT? Answer Unfortunately, the answer to this question is not entirely clear. The most current guidance was issued by INS in the early 1990s....
The administrative appeals office (AAO) issued a precedent decision on April 9, 2015, that addresses a key requirement for the employment-based, first preference (EB1) immigrant visa (i.e. green card) category designed for multinational managers and executives. This favorable decision should make it easier for some companies...
The American Immigration Council (AIC) has selected the recipient of the 20th annual Immigrant Youth Achievement Award, and his inspiring efforts to improve his local community make him a very deserving honoree. At an awards ceremony held on April 16, 2015, the AIC, a nonprofit based...
The U.S. Department of State (DOS) has released the May 2015 Visa Bulletin. The cutoff date for the employment-based, second preference (EB2) category for India advances yet again, to April 15, 2008. Meanwhile, the cutoff date for the employment-based, third preference (EB3) category for the Philippines...
