On November 19, 2015, the U.S. Department of Homeland Security (DHS) submitted a proposed rule, entitled "Retention of EB1, EB2, and EB3 Immigrant Workers and Program Improvements Affecting Highly-Skilled H-B Alien Workers," to the Office of Management and Budget (OMB). No specifics are provided regarding...
The U.S. Department of State (DOS) provides a monthly visa bulletin explanation, through Charles Oppenheim, Chief of the Visa Control and Reporting Division. This month, Mr. Oppenheim provides more details regarding the predictions in the December 2015 Visa Bulletin, as well as insights into the reasons...
Answer In this situation, it is potentially possible for the 3-year masters to be evaluated as equal to a U.S. masters. If so, EB2 would be an option, assuming the job has EB2 level requirements. The difficult issue is the experience with the same employer. Generally,...
Answer If the priority date (PD) is not current for the I-140, then it is possible to extend for another 3 years with any employer. If the PD is current, then the extension would typically be limited to 1-year increments. (16.Nov.2015)In frequent sessions of our Chat,...
Answer Generally speaking, a job change on H1B is possible when the H-4 COS is pending. The H-4 is spouse specific, not specific to the H1B worker's job. However, if s/he is also applying for an EAD, your spouse may encounter problems in the job change...
Answer People are allowed to travel on H1B, H-4, L-1, or L-2 (as well as advance parole) without disrupting the pending I-485. If any other status is held, travel should wait for the AP. (16.Nov.2015)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys...
For the December 2015 Visa Bulletin, the U.S. Citizenship and Immigration Services (USCIS) is limiting the filing of adjustment of status applications (form I-485s) to the cutoff dates listed in final action (FA) chart for all employment-based (EB) cases. For family-based (FB) cases, the more-favorable...
The Murthy Law Firm successfully represented an adjustment-of-status applicant facing challenges due to a problematic status history. We became involved in this case after the U.S. Citizenship and Immigration Services (USCIS) issued a request for evidence (RFE) questioning the adjustment applicant's eligibility based on her...
The U.S. Department of State (DOS) December 2015 Visa Bulletin contains modest advancements in the employment-based (EB) final action (FA) cutoff dates. The cutoff dates in the date of filing (DF) chart remain unchanged. As of the time of this writing, the U.S. Citizenship and Immigration...
On November 9, 2015, the U.S. Court of Appeals for the Fifth Circuit ruled against President Barack Obama's Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) program and the expansion of the Deferred Action for Childhood Arrivals (DACA) program. Barring a reversal...
