07 Dec 2023

My I-140 was approved a couple of years ago, but I was just laid off. Do I need my original I-140 approval notice to be able to use that priority date for a future green card case?

Answer No, you do not need the original I-140 approval notice for priority date retention. You can just reference the approved case receipt number information and include a copy of the approval, if available. (07.Dec.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law....

22 Nov 2023

A few years ago, my I-140 was approved in the EB2 category as a Software Engineer. I have now been promoted to a managerial position within the same company. Does my employer need to redo the entire PERM process now?

Answer If there has been a material change to the nature of the position, that typically would require filing a new labor certification and I-140 petition for that new position. Fortunately, however, if you have an approved I-140, you should be able to retain the priority...

09 Nov 2023

I filed my I-140 in the EB1(c) category using premium processing, and an RFE was issued within 20 days of filing. The RFE was very simple, so I responded almost immediately. Does that mean the USCIS has to issue a decision within 45 days of the date I filed the I-140?

Answer No, for an EB1(c) petition filed using premium processing, the USCIS has 45 calendar days to take action on one's case. When the RFE was issued, an action was taken. When you responded to the RFE, the clock was restarted, and the USCIS now has...

26 Oct 2023

I previously worked in the U.S. in H1B status, and now work as a manager in India. My company is planning on transferring me to the U.S. as a manager. If I come to the U.S. in H1B status, can I still apply for a green card under the EB1(c) category? Or, do I need to enter in L1A status to qualify for EB1(c)?

Answer There is no need to be in L1A status in order to be sponsored for an EB1(c) multinational executive or manager position. Assuming you meet the requirements, it is possible to be in H1B status and have the employer file a petition for you under...

19 Oct 2023

USCIS Launches New Online Change-of-Address Tool

On October 12, 2023, the U.S. Citizenship and Immigration Service (USCIS) launched the new Enterprise Change of Address (E-COA) self-service tool for an individual to notify the USCIS of a change in address. The tool is intended to improve the speed and efficiency of updating...