15 May 2019

June 2019 Visa Bulletin: EB1 India Retrogresses, EB5 India Retrogression Coming Soon

The June 2019 Visa Bulletin has been released by the U.S. Department of State (DOS). The most notable movement is that the employment-based, first preference (EB1) category for India retrogresses significantly, albeit only temporarily. In addition, the latest visa bulletin cautions that the employment-based, fifth...

13 May 2019

My H-4 extension was denied, and the denial notice say that I need to update USCIS within 33 days. I have a pending I-485 and a valid EAD/AP, so I no longer need the H-4 extension. Do I still need to respond to the denial notice?

Answer It is a common misunderstanding that the "33-day" period mentioned in a denial notice is a mandatory response deadline. In fact, this is the deadline to file an optional motion to reopen or to appeal a denial. It is not mandatory, does not provide any...

07 May 2019

Serious Immigration Consequences for Marijuana, Despite State Law Changes

Legalization or decriminalization of marijuana at the state level can mislead noncitizens into thinking using marijuana in accordance with state law is legal. Marijuana, however, is a controlled substance under federal law. Therefore, the use, sale, purchase, or even the mere possession of marijuana, in...

06 May 2019

My I-140 is approved, my I-485 is pending, and my priority date is current. How long does it normally take to get called in for the in-person interview?

Answer The National Benefits Center (NBC) takes care of scheduling all interviews, however the timing of that appointment is based on availability at the specific office that has jurisdiction for where you live. Every office is different. There is some general processing information on the USCIS...

15 Apr 2019

I am a U.S. citizen, and I filed an I-130 for my parents. However, they do not yet wish to apply for green cards. In the meantime, are they allowed to visit me on their B-2 visas?

Answer Someone who is the beneficiary of a pending or approved I-130 petition likely will be subject to a higher degree of scrutiny and questioning by CBP if they try to enter the U.S. as a visitor. (15.Apr.2019)In frequent sessions of our Chat, Sheela Murthy and...

15 Apr 2019

I work for a multinational corporation and was recently promoted to a Senior Director position within my company. Can I convert my application to EB1?

Answer The law provides specific criteria to qualify for EB1(c) as a manager or executive, which includes certain experience abroad. As a result, someone promoted to a managerial job in the U.S. does not necessarily qualify for EB1(c). (15.Apr.2019)In frequent sessions of our Chat, Sheela Murthy...