19 Aug 2021

I filed my I-485 and, after 180 days, I started looking for a new job. Shortly before I was made an offer by a new employer, my I-485 was approved. Can I still port to the new position?

Answer Generally speaking, once the I-485 has been approved, it is no longer possible to port to a same / similar position pursuant to AC21. As discussed in the MurthyDotCom NewsBrief, Changing Employers After Receiving Employment-Based Green Card (09.Aug.2021), there may be risks associated with leaving...

04 Aug 2021

I filed my H-4 and H-4 EAD extensions with my husband’s H1B extension. His extension was approved through 2024, but my applications are still pending. I recently traveled and was issued a new I-94 valid through 2024 when I returned. Can I update the USCIS with my new I-94? Will it speed up the processing of my EAD?

Answer The USCIS does not appear to have an official policy on this. Anecdotally, however, we have had cases where we have provided an updated I-94 to the USCIS while the form I-765 application for employment authorization was pending. For at least some of those cases,...

15 Jul 2021

I invested in a regional center and filed my EB5 case several years ago. It was approved a few months ago, so I filed my I-485 application, along with my EAD application. Will the USCIS continue to adjudicate my applications, even though the regional center program has expired?

Answer For now, the USCIS will not adjudicate any I-485 applications filed based on an I-526 petition, where the investment was made in a regional center. Assuming Congress renews the program, the USCIS is expected to resume processing these I-485 applications.As for the EAD application (form...

08 Jul 2021

Overview of COVID-19 Travel Restrictions and National Interest Exceptions

Due to the COVID-19 pandemic, foreign nationals traveling to the United States from certain countries have been subject to travel restrictions based on several presidential proclamations. The presidential proclamations currently in effect suspend entry to the United States of certain individuals who were present in...