12 Sep 2024

EB3 Downgrade

Per the Oct.2024 DOS Visa Bulletin, the EB3 priority dates for India have advanced and are ahead of EB2. If you are considering filing an EB3 “downgrade” I-140 petition, contact our firm for help finding the best strategy for your case....

11 Sep 2024

H1B Cap Cases Due 07.Nov.2024

Have you filed your H1B Cap Case yet? If USCIS picked you in the 2nd round of H1B selections, then you have less than two months until 07.Nov.2024, when the filing period ends. Read more....

11 Sep 2024

If I have a PERM case with an I-140 approved in EB2, can I then use that case to file an I-140 in EB3 even if the labor certification has expired?

Answer In general, yes, this is permissible. There is a USCIS memo that says, as long as one I-140 petition was filed within the validity period of the labor certification, another I-140 petition can be filed. (11.Sep.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies...

11 Sep 2024

I am a citizen of Canada and I am in the U.S. as a J-1 scholar subject to the 2-year home residency requirement. I have received a job offer from a university to sponsor me for cap-exempt H1B position. But I heard that I must first obtain a J-1 waiver or remain in my home country for two years to come back to the U.S. in H1B status. Do I have any options?

Answer A person subject to a J-1 home residency requirement typically is not eligible to be granted a change of status to H1B or an H1B visa "stamp" from a consular post unless the individual first either completes the home residency requirement or obtains a waiver....

11 Sep 2024

If I file my wife’s H-4 and H-4 EAD applications together with my H1B petition that is filed for premium processing, is it true that the USCIS will provide premium service to all the cases?

Answer Yes, at least for now, the USCIS should adjudicate these cases at around the same time. This is based on a settlement agreement that the USCIS entered into on January 25, 2023. The USCIS is only bound by this agreement for a few more months,...

09 Sep 2024

APA Lawsuits for Unlawful Agency Actions

The majority of immigration cases are adjudicated correctly by the U.S. Citizenship and Immigration Services (USCIS) and other relevant U.S. government agencies. But there are situations in which a government agency makes an adverse decision on a case that is contrary to the law. In...