01 Dec 2021

Teleconference: 2021 Changes of the Biden Administration

Immigration changes under the Biden Administration and the impacts these have had on employees are the topic for discussion in this session.Employers and their representatives are invited to participate in the teleconference scheduled for December 01, 2021 – another in this series designed especially for...

21 Oct 2021

In October 2020, I filed an I-140 EB2-to-EB3 downgrade case, along with my I-485 application. Now, it looks like the EB2 India cutoff date may advance past the EB3 cutoff date. If that happens, will the USCIS automatically adjudicate my case as an EB2 case?

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...

21 Oct 2021

My I-485 application was filed in the EB3 India category and has been pending for more than 180 days. If I want to use AC21 to port to a similar position with a different employer, does my priority date still have to be current on the date I move to that employer?

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...

21 Oct 2021

Several months ago, I applied for an H1B visa stamp in India. I was issued a 221(g) notice, informing me that my application would remain under administrative processing until the travel ban was lifted. Now that the ban is being lifted, how long will it take for my visa to be issued? Do I need to provide the consulate with proof that I am fully vaccinated?

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....

14 Oct 2021

November 2021 Visa Bulletin

This morning, the U.S. Department of State (DOS) released the November 2021 Visa Bulletin. This month's visa bulletin includes some bad, but not unexpected, news regarding retrogression in the employment-based, third preference (EB3) category. Visa Bulletin Summary Employment-Based, First Preference (EB1) Category The EB1 category remains current for...

14 Oct 2021

I am in H-4 status and am enrolled in a master’s program. Do I need to change to F-1 status in order to be eligible for the master’s cap after I graduate?

Answer There is no requirement that a person take classes while in F-1 status in order to qualify for the master's cap. (13.Oct.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs...