The U.S. Department of State (DOS) June 2016 Visa Bulletin sent shock waves through the immigrant community, with years of retrogression in the employment-based, second preference (EB2) category for India and China, as well as the employment-based, third preference (EB3) category for China. The rollback...
Answer An employer could start the GC process for a person in F-1/OPT, but there is not enough time to complete the process with only 7 months of OPT left. The PERM LC could get filed in that time, but not approved. Once your OPT is...
Answer The I-140 is signed by the employer. It is the employer's filing. Therefore, the employer can still revoke the I-140 no matter which attorney files it. The only exception is for self-petitioned categories, including EB1(a) and EB2 national interest waiver (NIW) cases. (09.May.2016)In frequent sessions...
Answer No. Unless one qualifies under AC21 (i.e. the I-485 has been pending for 180 days and the move is to a same / similar position as the one in the underlying I-140), the I-140 generally can only be used to apply for a green card...
Cutoff dates in the employment-based, second preference (EB2) category for India and China suffer substantial retrogression in the June 2016 Visa Bulletin, which was released this afternoon by the U.S. Department of State (DOS). In the final action (FA) chart, EB2 India rolls back more than...
The U.S. Citizenship and Immigration Services (USCIS) has adopted a decision of the Administrative Appeals Office (AAO) addressing the requirements for medical specialists seeking a physician-specific national interest waiver (NIW). This solidifies a long-standing practice by the USCIS, which allows all physicians, both primary care...
Answer The PD retention rules do not require any similarity between the jobs in the I-140s. So, a job change, even to an entirely different field, would not impact the ability to retain the PD. (02.May.2016)In frequent sessions of our Chat, Sheela Murthy and other senior...
Answer The answer to this depends upon the position held abroad. EB1(c) requires that the individual held a managerial or executive position with the related company abroad for at least one year. So, if that is not the case, EB1(c) would not be an option. (02.May.2016)In...
The annual limits for the employment-based, fourth preference (EB4) category have been reached for applicants born in El Salvador, Guatemala, and Honduras. This development is reflected in the establishment of a cutoff date in the May 2016 Visa Bulletin issued by the U.S. Department of State...
Answer Although there is no specific minimum time period in the regulations that one must work for the sponsor after the green card is approved, a good rule of thumb is to work for the sponsor for at least 6 months after the GC is approved...
