Answer To retain the priority date, an I-140 based on the LC must be approved. It may be possible to re-file the I-140 using the existing labor cert, if the problem can be "fixed" (i.e. if the problem was with the I-140 filing, as opposed to...
Answer Unfortunately, no. Unlike certain other types of EADs, an H-4 EAD is not automatically extended upon filing. Approval is required to work lawfully, once the older EAD expires. (23.Jul.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the...
On May 14, 2018, the United States Citizenship and Immigration Services (USCIS) reaffirmed the I-140 petition approval in Matter of V-S-G, Inc. and, shortly thereafter, approved the applicant's I-485. This represents a huge victory for beneficiaries of approved I-140s and pending I-485s who port to...
Answer Naturalization applications are individual applications. There is no requirement that all members of a family apply. (16.Jul.2018)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 more...
This afternoon, the U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum that provides officers with more discretion to deny an application or petition without first having to issue either a request for evidence (RFE) or notice of intent to deny (NOID). This memo...
This morning, the U.S. Department of State (DOS) released the August 2018 Visa Bulletin. The employment-based, third preference (EB3) category advance a bit for India, and surges forward for China. Meanwhile, a cutoff date is instituted in the employment-based, first preference (EB1) category for all...
Answer The I-140 is based on a particular job. If that exact job is no longer being offered to you when the priority date becomes current, the I-140 cannot be used to file one's I-485 application. A new PERM and I-140 typically would be required for...
Answer The H-4 EAD program likely will be eliminated at some point. Assuming the program is eventually terminated, we do not know yet what impact that will have on those with existing H-4 EADs. But, it certainly is possible that those with existing EADs will be...
Although the website for the U.S. Department of Labor (DOL) was recently updated to indicate that a key memorandum on roving employees was "canceled," the DOL has since then confirmed that the memo remains in effect. The memo was written in 1994 by the then-Administrator...
Answer A person who receives an employer-sponsored "green card" is generally advised to remain with the sponsoring employer for at least six months to avoid possible allegations of misrepresentation during the naturalization process. Generally, changing after this time period would be relatively safe. (25.Jun.2018)In frequent sessions...
