Answer Under current USCIS stated policy, the answer to this question is yes. There was a recent non-binding decision where the AAO interpreted the law / regulations to NOT allow this benefit after the I-140 revocation. But, for now, the policy is still in place and we...
Answer Yes, it absolutely is an issue both at the POE and when applying for a green card. The matter has to be analyzed to see how much of an issue. This depends upon the procedures for dismissal in the state (sometimes, these are still considered...
The U.S. Department of State (DOS) provides a monthly explanation of visa bulletin developments, as well as predictions for future cutoff date movements. The predictions for July 2015, which follow the release of the visa bulletin, include various updates, including the disappointing news that there...
Answer There is no requirement to stay with the employer for a period of time after the I-140 is approved. Of course, in order to file the I-485 and potentially obtain a "green card" the job offer must continue to be valid. So, if one gets...
Answer No, unless you happen to have a Canadian-born spouse. People are chargeable to their countries of birth, with limited exception. This rule applies even if a person acquires a new citizenship. (22.Jun.2015)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance...
The U.S. Department of State (DOS) July 2015 Visa Bulletin brings disappointing news on a number of fronts. The cutoff dates in the employment-based, second preference (EB2) category for India and the employment-based, third preference (EB3) category for China do not move forward at all....
The Murthy Law Firm filed an amicus curiae (friend of the court) brief with the U.S. Citizenship and Immigration Services (USCIS) Administrative Appeals Office (AAO), urging for a long-needed change in interpretation and policy. The issue centers on recognition of rights of immigrant petition (form...
Murthy Law Firm attorneys provide an overview of common issues related to upgrading from EB3 to EB2. They discuss educational equivalency issues, priority date retention and the use of exceptional ability to qualify for an EB2 upgrade. This June 3, 2015 teleconference is from our...
This morning, the U.S. Department of State (DOS) released the July 2015 Visa Bulletin. The employment-based, second preference (EB2) category for people born in India sees no movement, leaving the cutoff date at October 1, 2008. EB2 China, on the other hand, moves ahead by four...
As discussed in Part 1 of this article, the U.S. Citizenship and Immigration Services (USCIS) finally published answers to frequently asked questions (FAQs) on May 20, 2015, explaining the new regulation that allows certain H-4 spouses to apply for employment authorization documents (EADs). In this second...
