As predicted, the U.S. Citizenship and Immigration Services (USCIS) has updated its adjustment of status filing charts webpage to indicate that only the less favorable final action (FA) chart can be used for employment-based cases in the February 2019 Visa Bulletin. The date for filing...
Answer Yes, generally there are no restrictions on traveling based on AP while one has a pending I-485. (14.Jan.2019)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click here.Access...
Answer There is no need to "add" one's wife to the I-140 in this situation. When the priority date is current, both spouses generally are eligible to file their I-485 applications, regardless of whether the current spouse is listed in the I-140. (14.Jan.2019)In frequent sessions of...
Answer There is no automatic extension of work authorization based on a pending H-4 EAD extension. If the H-4 EAD has expired, one is no longer permitted to work until the new EAD is received. One who works after the EAD has expired likely is working...
Answer In general, filing another I-140 would have no impact on an already approved petition. If the EB1 petition is approved, it could be "interfiled" into the pending I-485 and likely would reduce the waiting time for I-485 approval. (14.Jan.2019)In frequent sessions of our Chat, Sheela...
The U.S. Department of State (DOS) has released the February 2019 Visa Bulletin. Notably, in the employment-based, third preference (EB3) category, the cutoff date in the final action (FA) chart for India moves forward by nearly two months, while its counterpart in the employment-based, second...
The U.S. Department of State (DOS) Chief of the Visa Control and Reporting Division, Charles Oppenheim, often issues visa bulletin explanations and predictions, following the release of the monthly visa bulletin. Mr. Oppenheim had hoped to provide updated short-term predictions in the January 2019 Visa...
Congress must pass a spending bill to extend government operations by midnight of December 21, 2018, or else another temporary shutdown of the federal government will go into effect. This would be the third shutdown of 2018.The crux of the current budget dispute revolves around...
The U.S. Department of State (DOS) has released the January 2019 Visa Bulletin. There is a bit of movement for the employment-based, first preference (EB1) category. For the employment-based, second preference (EB2) and employment-based, third preference (EB3) categories, however, there is almost no movement. All...
Answer The H1B and the PERM/I-140 do not necessarily need to have the same job requirements. The I-140 is (technically) always for "future" employment (i.e. the job that one will perform upon receiving the green card). It does not need to be the same job. (03.Dec.2018)In...
