The U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of State (DOS) have special, expedited procedures for active duty U.S. military personnel stationed overseas who are petitioning for immigration benefits for their family members. These procedures help to greatly reduce the paperwork processing...
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 There is a procedure for filing the AOS in an immediate relative case for a person who entered on a B-2 visa, but it is not always advisable to take this step. There are potential problems with respect to preconceived intent and even fraud /...
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...
Tomorrow, the U.S. Citizenship and Immigration Services (USCIS) will be publishing a proposed increase in filing fees in the Federal Register that would apply to nearly all case types. A pre-publication version of the proposal is available online. Table 9, which can be found beginning...
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...
