Answer UPDATE: The American Immigration Lawyers Association (AILA) reports that some members have successfully made premium processing requests with I-140 downgrade petitions. However, many others have reported that their premium processing requests were rejected, and some even had their entire petitions rejected because of the accompanying...
Answer There are two main issues to consider when trying to estimate how long it may take to obtain your green card after the I-485 has been filed. First, you need to look at I-485 processing times at your local field office. This can be found...
Answer For our clients who are on H1B, we normally recommend that they remain on H1B until the green card is issued, if possible. The main reason for this is as a simple precaution in case the I-485 is denied. (i.e., If an I-485 applicant maintains...
Answer Unfortunately, filing an I-485 based on the dates for filing chart is not sufficient to prevent a child from aging out. That rule only applies when the I-485 is being filed based on the (less favorable) final action chart. To determine whether your child will...
Answer There is no rule that specifically prohibits this. We have done this successfully in the past. But, depending on the circumstances, there may be risks in doing so. (08.Oct.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...
Answer The latest predictions are that the final action date for EB2 and EB3 India will continue to advance. But, it remains to be seen whether the USCIS will continue to allow for use of the dates for filing chart next month. (08.Oct.2020)Sheela Murthy and other...
Answer In general, no. One could file a new I-140 in EB3 using the same PERM labor certification. (26.Nov.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click here.Access...
Answer Retention of the priority date has nothing to do with the nature of the job. In general, one may retain the earliest priority date on any approved I-140, regardless of whether the job is similar or not. (31.Jul.2017)In frequent sessions of our Chat, Sheela Murthy...
Answer One potential risk to a company re-filing an approved EB2 petition as an EB3 petition is whether the petitioner will be able to show ability to pay from the priority date of the labor certification. (15.Apr.2019)In frequent sessions of our Chat, Sheela Murthy and other...
Answer No, there typically would be no need to wait. Under normal circumstances, if the priority date is current, it is possible to file an I-485 while the I-140 is still pending. (24.Sep.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information...
