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02 Nov 2015

Is there a way to amend a pending I-485 application to update an answer?

Answer If a circumstance has changed, or if an error is discovered, it is possible to send supplemental information to the USCIS. However, there is a risk that documentation that is sent in without a request for evidence may never connect with the case file. Depending...

13:44 / Employment Based / Family Based / FAQs / Resident
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02 Nov 2015

How soon can I shift jobs after my I-140 is approved? Can I still get a 3-year H1B extension if I move to a new job right after the I-140 is approved?

Answer As long as the I-140 remains valid (i.e. not withdrawn by the employer), one can use that I-140 approval as a basis to request a 3-year H1B extension with any employer. There is no wait time to use the I-140 approval for H1B extension, even...

13:41 / Employment Based / FAQs / Resident / Worker
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30 Oct 2015

Members of Congress Urge Action Following Visa Bulletin Fiasco

In response to the unjust changes made to the October 2015 Visa Bulletin, sixteen members of Congress have signed on to a letter sent to Secretary of Homeland Security Jeh Johnson and Secretary of State John Kerry, urging the Department of Homeland Security (DHS) to "…implement...

12:12 / AOS/CP / Employment Based / NewsBrief / Visa Bulletin / Worker
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26 Oct 2015

My company filed my I-140 for regular processing. Can I change it to premium?

Answer It is possible to upgrade a pending I-140 to premium processing, assuming the case is filed in a category that allows for premium. To do this, it is necessary to have the receipt number from the I-140. The company would have to permit this upgrade....

07:46 / Employment Based / FAQs / Resident
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26 Oct 2015

USCIS Announces System for Visa Bulletin Dates for I-485 Filings

There has been a great deal of confusion surrounding recent changes to the U.S. Department of State (DOS) visa bulletin system. There are now two cutoff charts each for the family-based (FB) and employment-based (EB) preference categories. As previously discussed, however, those seeking to file an...

07:22 / AOS/CP / AOS/CP (Family) / NewsBrief / Visa Bulletin
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19 Oct 2015

Address Change for Certain I-140 Filings

The U.S. Citizenship and Immigration Services (USCIS) has announced that, effective October 19, 2015, there will be a change in the filing location for a limited group of form I-140 employer petitions. This change is simply an effort to balance workloads between the Texas Service Center...

08:02 / AOS/CP / For Employers / Immigrant Petition (I-140) / NewsBrief / USCIS News
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13 Oct 2015

November 2015 Visa Bulletin: EB Dates of Filing Unchanged

As the controversy over the October 2015 Visa Bulletin continues, the U.S. Department of State (DOS) has released the November 2015 Visa Bulletin. There is no movement in this month's visa bulletin under the dates for filing (DF) chart. But, some cutoff dates do move...

11:10 / AOS/CP / NewsBrief / Resident / Visa Bulletin
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12 Oct 2015

My I-140 is approved and my I-485 has been pending for 180 days. If I move to a new employer, does that company have to file a new PERM case for me?

Answer It is not necessary to file a new PERM case through the new employer, as long as the new job fits within the AC21 requirements. That is, the new job has to fall within the same / similar job classification as the PERM job with...

16:13 / Employment Based / FAQs / Resident
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12 Oct 2015

I have an approved I-140 from Employer A, but am moving to Employer B. If Employer B sponsors me for a new PERM case, can I use the priority date from Employer A’s I-140?

Answer If the I-140 from Employer A is not revoked, then the PD can be retained in a later-filed I-140. The USCIS policy generally allows the PD to be retained even if the older I-140 has been revoked, as long as it is the employer that...

16:09 / Employment Based / FAQs / Resident
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09 Oct 2015

NewsFlash: November 2015 Visa Bulletin

The U.S. Department of State (DOS) Visa Bulletin for November 2015 does not alter the employment-based (EB) dates for filing established in the revised October 2015 Visa Bulletin. Those EB cases eligible for filing in October will also be eligible for filing in November 2015.Final...

13:33 / AOS/CP / Employment Based / NewsBrief / Visa Bulletin
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