As previously announced, the U.S. Citizenship and Immigration Services (USCIS) is scheduling an in-person interview for any I-485 applicant who filed the I-485 adjustment-of-status application on or after March 6, 2017 based on an I-140. Many of these pending adjustment applications are being transferred to...
Once again, Congress has passed a short-term bill to fund the federal government for a few weeks. The federal budget is now extended through January 19, 2018. This bill also extends the employment-based, fifth preference (EB5) regional center program for the same time period.No action...
A federal court in the District of Columbia has ruled unlawful the June 2017 decision by the Trump Administration to delay the implementation of the new entrepreneur parole rule. The federal court ruled that the DHS could not sufficiently justify its decision to skip the...
Answer There is no indication of such a rule being proposed at this time. Further, the ability to extend H1B status beyond 6 years is partially based on a law, rather than a regulation. Therefore, to get rid of this rule would likely require that Congress...
Answer Yes, multiple H1B filings are permitted. If both are approved, the employee generally is able to choose the employer for whom s/he prefers to work. (18.Dec.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real...
Answer Such a proposal has been introduced in Congress, and has been promoted by the Trump Administration. It does not appear to have much support at this time, and passage seems unlikely. (18.Dec.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance...
As previously reported, the big news for employment-based immigrants is the adopted decision of Matter of V-S-G- Inc., recognizing that an employee waiting for the approval of the adjustment-of-status application (form I-485) has a recognized legal interest in the underlying I-140 petition. When Matter of...
Answer In general, the recommendation by the interviewing officer must be "approved" by a supervisor to result in a final approval. (11.Dec.2017)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...
Answer An appeal or motion to reopen / reconsider typically can be filed within 33 days of an H1B denial being issued by the USCIS. However, this does NOT provide legal status. Unlawful presence will still be accruing, with the possible penalties, unless the appeal or...
Answer There is no way to tell. Unfortunately, the USCIS has been very stingy in allowing utilization of the DF chart, especially for employment-based cases. (11.Dec.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time....
