The administrative appeals office (AAO) issued a non-precedent decision, on April 28, 2017, that acknowledges the right of an I-140 beneficiary who has ported to a new employer pursuant to the American Competitiveness in the Twenty First Century Act (AC21) to receive and respond to...
The Administrative Appeals Office (AAO) recently decided in a non-precedent decision that a provisional certificate from an Indian university was the equivalent of a degree. This favorable decision hopefully will lead the U.S. Citizenship and Immigration Services (USCIS) to institute a formal policy of recognizing...
Please read the 29.Dec.16 update on this information. Updated Information This afternoon, the American Immigration Lawyers Association (AILA) issued a practice alert related to the new forms. It states, in part: AILA reached out to USCIS … to demand a grace period during which prior form versions could...
An advance copy of the final rule, entitled Retention of EB1, EB2, and EB3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers, has been released; it is scheduled to be published in the Federal Register on Friday, November 18, 2016. It is scheduled to...
Answer In general, the I-140 would not be affected by the filing of a family-based petition. It is generally fine to have multiple GC cases filed/pending at the same time. (07.Nov.2016)Questions frequently reach us from students on a variety of matters. This is a sample question,...
Answer This frequently occurs automatically when the new I-140 is approved; but, one should inform the USCIS of the existence of an earlier priority date when the new I-140 is filed. (17.Oct.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that...
The U.S. Department of Homeland Security (DHS) issued a proposed rule in December 2015, entitled Retention of EB1, EB2, and EB3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers. As indicated in our January 8, 2016 NewsBrief, I-140 EAD Proposal is Limited and Restrictive,...
As many MurthyDotCom readers are aware, the U.S. Department of Homeland Security (DHS) issued a proposed regulation, on December 30, 2015, aimed at improving the employment-based immigration process. While many have focused on the portion of this proposal covering I-140 based employment authorization documents (EADs) -...
The U.S. Department of Homeland Security (DHS) issued a proposed rule, on December 30, 2015, entitled "Retention of EB1, EB2, and EB3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers." Included in the proposed rule is the long-awaited provision for the ability to obtain an...
This morning, a proposed rule was published in the Federal Register that would provide a number of immigration benefits, including grace periods for certain nonimmigrant workers, improved job flexibility, and greater clarity on a number of existing immigration rules. Some of these benefits include:Once an...
