The U.S. Department of State (DOS) has released the January 2021 Visa Bulletin. Unfortunately, there is very little movement from the December 2020 Visa Bulletin. All cutoff dates listed refer to the dates in the final action chart (i.e., "Chart A"), unless otherwise specified. There...
Foreign nationals who have filed adjustment of status applications (I-485s) can generally apply for employment authorization documents (EADs). However, many of these foreign nationals are already working in the U.S. pursuant to valid nonimmigrant status, such as H1B. Attorneys at the Murthy Law Firm frequently...
The U.S. Department of State (DOS) has finally released the November 2020 Visa Bulletin. There is some movement in the final action (FA) chart, but the dates for filing (DF) chart remains nearly completely unchanged. Visa Bulletin Summary Employment-Based, First Preference (EB1) Category The EB1 China and India...
The American Immigration Lawyers Association (AILA) reports that the November 2020 Visa Bulletin is still awaiting clearance at the U.S. Department of State (DOS). Per AILA, the delay is the result of some sort of dispute regarding language in the visa bulletin, but that the...
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...
Some of the options for making changes to the basis of a permanent resident ("green card") case after reaching the adjustment-of-status (I-485) stage are addressed here for the benefit of MurthyDotCom readers. Specifically discussed is interfiling, also referred to by the USCIS as "Transfer of...
The October 2020 Visa Bulletin, future predictions for the Visa Bulletin, and documentation required to file an I-485 application are the topics of discussion for this podcast, recorded 07.Oct.2020. Employer specific issues such as I-140 EB2 to EB3 downgrade cases and future employment also are...
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...
