Answer Yes, if there is a change of employer prior to the I-485 filing, it is necessary to start the GC case over again with the new employer. The only thing that is kept from the previous GC case is the priority date, which can be...
Answer Yes, the EAD provides unrestricted employment authorization. So, an L-2 spouse with an EAD can accept any type of job and/or start a business in the U.S. (19.Jan.2015)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law...
Answer There is no way to expedite or premium process PERM cases. A year is a long time unless there has been an audit - the PERM processing time information on the DOL iCert website is usually pretty accurate. The lawyer should just make sure that...
Answer It is necessary to be a U.S. citizen in order to file a family-based petition for a parent. Prior to that point, any options one's parents may have are separate from the LPR son / daughter. (19.Jan.2015)In frequent sessions of our Chat, Sheela Murthy and...
The U.S. Department of State (DOS) February 2015 Visa Bulletin brings some good news for the employment-based, second preference (EB2) India category. The more long-term predictions for this category, however, are less encouraging. There is also movement in the employment-based, third preference (EB3) category. Employment-Based, First,...
There are some small, yet pleasant surprises in the February 2015 Visa Bulletin, just released by the U.S. Department of State (DOS). Although the cutoff for employment-based, second preference (EB2) category for India was expected to remain stagnant until the summer, it is now being moved...
Answer There are no rules regarding the amount of time the H-4 can spend outside the U.S. The important issue is to properly file the I-485 while the person is in status, and answer any RFEs etc. It is best to keep the advance parole active...
Answer Normally, a person would not do an interfiling of an EB1 case into an EB2 (or an EB2 into an EB3) unless the "better" category I-140 was approved. So, the EB2 case stays in place until there is something better to use for the interfiled,...
AnswerThe general rule on chargeability is that it goes by place of birth. So, if Indian parents have a child outside of India, that child may grow up and file a GC under her/his country of birth and avoid the Indian backlogs. There are limited...
Answer Priority dates do not generally get retained or transferred in family-based cases. Thus, the FB4 case for the brother would have a priority date based upon when it was filed. The FB3 case through the mother would have a separate, later priority date based upon...
