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23 Nov 2016

Overview of Final Regulation for High Skilled Workers

The U.S. Department of Homeland Security (DHS) published a final rule on November 18, 2016, entitled Retention of EB1, EB2, and EB3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers. This new regulation was first proposed in late 2015, as outlined in the MurthyDotCom...

20:54 / AOS/CP / Employment Based / For Families / Homeland Security / NewsBrief / Nonimmigrant Family / Resident / Worker
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21 Nov 2016

My current AP expires in a few months and my renewal application is pending. Can I travel out of the country for a couple of weeks?

Answer One in this situation generally is permitted to travel, but must reenter the U.S. before expiration of the current AP/EAD card. (21.Nov.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on...

16:21 / FAQs / Resident / Travel
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21 Nov 2016

My online I-485 status shows as notice was undeliverable. How can find out what that notice was and what can be done to correct the address in the system?

Answer One in this situation needs to make a Service Request to the USCIS. If the notice was returned to the USCIS, it generally can be resent with the correct address. (21.Nov.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that...

13:05 / FAQs / Resident
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17 Nov 2016

NewsFlash! Advance Copy of final I-140 EAD and More Released!

An advance copy of the final rule, entitled Retention of EB1, EB2, and EB3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers, has been released; it is scheduled to be published in the Federal Register on Friday, November 18, 2016. It is scheduled to...

16:28 / Employment Based / For Families / Immigrant Family / Immigrant Petition (I-140) / NewsBrief / Resident / USCIS News
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15 Nov 2016

Overview of December 2016 Visa Bulletin

Last week, the U.S. Department of State (DOS) released the December 2016 Visa Bulletin. Once again, there is no change in the dates for filing (DF) chart from the previous month. As for the final action (FA) chart, the priority date movement is fairly consistent...

19:00 / AOS/CP / Employment Based / NewsBrief / Resident / Visa Bulletin
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14 Nov 2016

My I-140 is approved and my I-485 is pending. Can I travel to my home country and work there until my I-485 is approved?

Answer Generally speaking, one is permitted to travel while the I-485 is pending, assuming that one has a valid advance parole document. One would need to return before the expiration of the AP. (14.Nov.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide...

19:54 / Employment Based / FAQs / Resident / Travel
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14 Nov 2016

USCIS Guidance on Waivers Based on Extreme Hardship

On October 21, 2016, the U.S. Citizenship and Immigration Services (USCIS) released the updated version of the extreme hardship policy section of its policy manual. This section guides USCIS adjudicators on determining extreme hardship to qualifying relatives for discretionary waivers of inadmissibility. The guidance becomes...

13:47 / Family Based / For Families / Immigrant Family / NewsBrief / Resident / USCIS News
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08 Nov 2016

December 2016 Visa Bulletin: EB2 India Advances to Feb.2008

This afternoon, the U.S. Department of State (DOS) released the December 2016 Visa Bulletin. In the employment-based, second preference (EB2) category, the cutoff date for India moves ahead by three months, to February 1, 2008. EB2 China advances by just over two months, to September...

18:40 / AOS/CP / Employment Based / NewsBrief / Resident / Visa Bulletin
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07 Nov 2016

What is the quickest way to bring to the U.S. the spouse of a GC holder?

Answer Unfortunately, this is a difficult scenario. The GC spouse needs to file an I-130 in the FB2A category, but this can have a priority date wait of several years. The foreign national can potentially come on a nonimmigrant visa of his/her own, such as an...

12:27 / Family Based / FAQs / Resident
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07 Nov 2016

Can I file a marriage-based GC case while my EB3 case is pending? Will this create problems with my I-140?

Answer In general, the I-140 would not be affected by the filing of a family-based petition. It is generally fine to have multiple GC cases filed/pending at the same time. (07.Nov.2016)Questions frequently reach us from students on a variety of matters. This is a sample question,...

12:13 / Employment Based / FAQs / Immigrant Petition (I-140) / Resident
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