In August 2021, the Biden administration authorized deferred enforced departure (DED) for 18 months for eligible Hong Kong residents. The Administration has now published details on the implementation of employment authorization for individuals covered by the DED executive order.Effective 05.Aug.2021, eligible Hong Kong residents covered...
Answer Generally speaking, if the local consulate allows for third country nationals to apply, it is possible to apply for a visa at a consulate different from the one listed on the initial petition. (28.Oct.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law....
Answer There is no regulation that requires a person with an H-4 EAD to formally shut down a business while waiting for an EAD renewal to be approved. If you can show that the business was truly dormant during this period, it is hard to imagine...
Answer There are no immigration rules that prohibit how often a person in H1B status may move between employers. As long as the individual can demonstrate that valid status etc, was maintained, the mere fact that the person moved through multiple employers normally would have no...
The U.S. Department of State (DOS) recently held its monthly YouTube program with Charlie Oppenheim, Chief of the Visa Control and Reporting Division. During the program, Mr. Oppenheim provided some updated predictions, and revealed that he soon will be retiring. So, this likely will be...
The Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman) has released a tip sheet to guide customers in communicating with the U.S. Citizenship and Immigration Services (USCIS). The USCIS has implemented a number of changes to reduce reliance on live assistance by telephone...
Answer No. If the I-485 was filed based on the EB3 I-140, the USCIS normally would continue to process it as an EB3 case. In order to have the case processed under the EB2 category, one option may be to interfile the previously approved I-140 to...
Answer No, there is no requirement that the priority date still be current in order for a person to use AC21 to port to a same / similar position. (21.Oct.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...
Answer It is not yet clear how the consulates will handle these pending visa applications, or how long the process might take. It seems unlikely that the proof of being vaccinated will need to be sent to the consulate. However, we are waiting for the U.S....
It is not unusual for a foreign national to be sponsored for an employment-based, third preference (EB3) position, and to later "upgrade" to an employment-based, second preference (EB2) position in a subsequent case, based on a higher level degree and/or additional work experience. For many,...
