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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...

14:00 / Employment Based / Events / For Employers / For Families / For Individuals / Investor / Nonimmigrant Family / Resident / Visa Bulletin / Worker
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...

09:48 / Employment Based / FAQs / For Individuals / Resident / Visa Bulletin
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...

09:44 / Employment Based / FAQs / For Individuals / Resident / Visa Bulletin
20 Oct 2021

Do I Qualify for EB1?

It is not unusual for a foreign national to be sponsored for an employment-based, third preference (EB3) position, and to later "upgrade" to an employment-based, second preference (EB2) position in a subsequent case, based on a higher level degree and/or additional work experience. For many,...

07:00 / Employment Based / InfoArticle / NewsBrief / Resident / Visitor
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...

11:32 / Employment Based / For Employers / For Individuals / Investor / NewsBrief / Resident / Worker