The U.S. Department of State (DOS) released the January 2016 Visa Bulletin. The dates for filing (DF) chart remains virtually unchanged in the employment-based categories. As expected, however, there is some movement in the final action (FA) chart. For those born in India, the cutoff date...
The Office of Foreign Labor Certification (OFLC) has been considering the steps needed to improve the PERM labor certification (LC) process. These efforts are a response to President Obama's executive action seeking to improve the immigration process. The OFLC, which is part of the U.S....
Answer It is necessary for the job offer in the I-140 to still be valid in order to file the I-485. The I-140-sponsoring employer needs to support the case at the I-485 stage. The ability to change sponsorship to a same / similar job only comes...
Answer If the H1B worker loses his job and falls out of status, the H-4 will also be out of status. This risk is an unfortunate reality of working on an H-4 EAD. The options in such a situation may be extremely limited, depending on the...
On November 20, 2015, the Obama administration petitioned the U.S. Supreme Court to hear arguments related to an injunction issued by an appellate court in Texas v. United States that is halting the implementation of the Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA)...
The U.S. Citizenship and Immigration Services (USCIS) issued a draft policy memorandum on November 20, 2015, addressing the same-or-similar occupational classification requirement for job portability under the American Competitiveness in the Twenty-First Century Act (AC21). AC21 allows an individual who has an employment-based (EB) application for adjustment...
Answer Yes, an employer could file a GC case for an L-2 employee working on EAD. However, the L-1 and L-2 categories do not have the same extension provisions as the H1B category. So, the GC filing would not make the L-2 eligible for more time;...
Answer No, the family-based GC categories specify relatives for which one can file. It is not possible to have fact- specific qualification based upon closeness of the relationship (like an aunt / grandmother that raised someone) or financial / other dependence. (30.Nov.2015)In frequent sessions of our...
Answer We always support positive immigration reform, including the opportunity for I-140 beneficiaries (and spouses!) to apply for EADs. There appears to be some action on this matter, but it is very difficult to judge if or when it may occur and, if so, what the...
Answer Whether you are eligible for unemployment benefits is a matter of state law. But, if one is eligible, taking such benefits does not create immigration public charge issues. Unemployment is insurance; it is not a "means tested public benefit." (23.Nov.2015)In frequent sessions of our...
