Answer Under the current rules, the new employer would need to file a new PERM application and a new I-140. One generally would be allowed to retain the same priority date from the approved I-140, however. (03.Oct.2016)In frequent sessions of our Chat, Sheela Murthy and other...
Answer An H-4 EAD application may be filed while the H1B and H-4 extensions are still pending. But, the H-4 EAD cannot be approved until the H-4 extension is approved. And, the H-4 extension generally will not be approved until the H1B extension is granted. (19.Sep.2016)In...
Answer In general, a priority date from one approved I-140 petition will transfer to another I-140 petition, regardless of the category or occupation. (29.Aug.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details...
Answer AC21 "portability" is a benefit granted to the I-485 applicant. If you take advantage of portability and move to a new employer, that employer has no responsibility with regard to your application. Any assistance offered by them is basically a courtesy to you. (29.Aug.2016)In frequent...
Answer To be fair, the USCIS permits the use of the DF chart for family-based cases from time to time. But, when it comes to the employment-based categories, your frustration is justified! The problem seems to be an intergovernmental conflict, with the DF chart intended for...
Answer It depends. The change in employment 3 months after getting an EB green card as the primary beneficiary may raise questions about whether the job offer was genuine and the intent actually was to work for the sponsor, etc. But, depending upon circumstances, there may...
Answer Typically, the USCIS does not reroute a case sent to the wrong address. Rather, the USCIS typically rejects such cases and returns them to the applicants. (15.Aug.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in...
Answer The H1B generally stays valid through its expiration date or until the H-4 COS is approved, which ever comes first. Once the COS is approved, you must stop working until and unless you obtain an H-4 EAD. (08.Aug.2016)In frequent sessions of our Chat, Sheela Murthy...
Answer There is no timing requirement. There is a proposal to prevent the revocation of the I-140 after 180 days, but that is just a proposal. For now, once an I-140 is approved, the priority date may generally retained by that beneficiary for use with any...
Answer It is generally possible to request retention of a priority date from a previously approved I-140. This request is made when the next I-140 is filed. This can be done even if the I-140 was revoked upon the employer's request. (01.Aug.2016)In frequent sessions of our...
