05 Nov 2020

I am filing I-485 applications for my family, including my 10-year-old. If we also apply for EADs, is she eligible for one, or is there a minimum age requirement?

Answer There is no minimum age requirement to apply for an EAD based on a pending I-485. Even if the applicant is not eligible to work based on state and/or federal labor laws, this would not prevent the applicant from being issued an EAD. (05.Nov.2020)Sheela Murthy...

29 Oct 2020

My registration was selected in the second H1B lottery this year, and my employer is about to file my H1B cap case. Will the new rule about the H1B lottery impact my case?

Answer No, that is merely a proposed regulation. Until and unless it is finalized, it will not impact anyone's cases. Further, even if it is finalized, it would not impact registrations already selected in the H1B lottery. (29.Oct.2020)Sheela Murthy and other senior attorneys provide guidance that...

22 Oct 2020

My attorney is filing my I-485 in October, and then will apply for my EAD and AP after the receipt notice is issued. If the proposed fee increase goes into effect after I file my I-485, will I have to pay the higher fee for my EAD and AP applications?

Answer Currently, the standard filing fee for most I-485 applications, including biometrics, is $1,225 (or $750 for derivatives under 14.) This fee covers the cost of filing for one's employment authorization document (EAD) and advance parole (AP) until such time that the I-485 is adjudicated.There is...

15 Oct 2020

Can I file my EB3 downgrade case using premium processing?

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...