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18 Jul 2016

August 2016 Visa Bulletin: Cutoff Dates in EB1 India and China, and EB2 Worldwide

The U.S. Department of State (DOS) August 2016 Visa Bulletin is remarkable, but not surprising, in that it contains a February 1, 2014 cutoff date for the employment-based, second preference (EB2) worldwide category. This is the first time this category has ever had a cutoff...

12:21 / Employment Based / NewsBrief / Resident / Visa Bulletin
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13 Jul 2016

Murthy Attorneys Succeed in Getting I-485 Denial Reversed, Green Card Issued

The Murthy Law Firm is pleased to report that we were recently successful in reversing a denial issued on an adjustment of status (form I-485) application, leading to our client being issued her long-awaited green card. The applicant faced significant challenges due to a problematic...

11:37 / Employment Based / Resident / Success Story / Worker
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11 Jul 2016

Cutoff Dates Set for EB1 India & China, EB2 Worldwide in Aug 2016 Visa Bulletin

The U.S. Department of State (DOS) released the August 2016 Visa Bulletin this afternoon, and, as expected, it establishes a cutoff date of January 1, 2010 for the employment-based, first preference (EB1) category for those born in India and China. The massive demand for visa numbers...

20:03 / Employment Based / NewsBrief / Resident / Visa Bulletin
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11 Jul 2016

Any guesstimate as to when the EB2 India cutoff date may move up to March 2009?

Answer It is nearly impossible to estimate cutoff date movement with any accuracy (other than the type of very short-term predictions provided by the Department of State). What we do know is that the cutoff dates will move forward in October, hopefully to some point around...

11:52 / Employment Based / FAQs / Resident
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11 Jul 2016

I have an H-4 EAD. Can I go to school full time and still retain the right to work?

Answer Yes. A person in H-4 can go to school (full time or part time) without impacting the EAD. The EAD provides work authorization, but it does not obligate the H-4 spouse to actually be working. And, it certainly does not impact the ability of an...

11:46 / Employment Based / FAQs / Resident / Student / Worker
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11 Jul 2016

Is a person who has worked on H-4 EAD eligible to collect unemployment benefits? What if the former job was performed as a 1099 contractor?

Answer An H-4 spouse who has worked using a valid EAD may be eligible for unemployment benefits. But, it would be necessary to look at the unemployment requirements in your particular state. Note, however, that a contractor is self-employed, and therefore is generally not eligible to...

11:43 / Employment Based / FAQs / Resident / Worker
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29 Jun 2016

EB1 Cutoff Expected in August 2016 for India and China

The U.S. Department of State (DOS) Visa Control and Reporting Division Chief, Charles Oppenheim, has confirmed that a cutoff date will be established in the employment-based, first preference (EB1) category in the August 2016 Visa Bulletin. The cutoff date will only apply to India and...

15:21 / AOS/CP / EB1 Category / NewsBrief / Resident / Visa Bulletin
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27 Jun 2016

I am on H1B and I plan to move to H-4 EAD. If I want to then go back to H1B in the future, would that be possible?

Answer Changing to H-4 EAD does not make a person subject to the H1B cap. Assuming the individual still has H1B time remaining (or is eligible to extend beyond the standard 6-year max, based on a pending LC or an approved I-140), it generally is possible...

18:18 / Employment Based / FAQs / Worker
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27 Jun 2016

I am in H-4 status and have an EAD. If my H1B spouse loses his job, how long can I continue to use the H-4 EAD?

Answer Ordinarily, the H-4 spouse falls out of status following the last day of the H1B beneficiary's position. If there is an H1B job termination without notice, the status termination is also immediate. This is the risk of being in H-4 - both husband and wife...

18:14 / Employment Based / FAQs / Worker
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23 Jun 2016

NewsFlash! Supreme Court Upholds Block on Relief for Undocumented Immigrants

The U.S. Supreme Court issued a decision affirming the block on relief for undocumented foreign nationals. The case, United States v Texas, sought to overturn an injunction against implementation of Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA), as well as expansion...

16:05 / Family Based / Immigrant Family / Legislation / NewsBrief
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