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19 Jan 2016

NewsFlash! Supreme Court Agrees to Review DACA, DAPA Injunction

This morning, the U.S. Supreme Court agreed to hear an appeal regarding an injunction that is preventing the implementation of 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...

10:32 / AOS/CP (Family) / Immigrant Family / NewsBrief
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18 Jan 2016

Can you file H-4 using premium processing concurrently with an H-4 EAD?

Answer Premium processing is not available for an H-4 application. Likewise, premium processing is not an option for an EAD application. It may be possible to submit an H1B petition for premium processing and file an H-4 COS/EOS (along with the EAD application) with the H1B....

16:30 / Employment Based / FAQs / Resident / Worker
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18 Jan 2016

I have a green card and recently got married. How do I bring my wife to the U.S.?

Answer A GC holder can file a family-based petition for his or her spouse. These petitions fall under the FB2A category, so there is a bit of a backlog in visa availability. There typically is no way around that until the GC holder becomes a U.S....

16:27 / Family Based / FAQs / Resident
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18 Jan 2016

Can a person with an H-4 EAD work in any field?

Answer A person with an H-4 EAD can work in virtually any field. This is unrestricted work authorization. It can be full time or part time; the person can be self-employed, work as a W-2 employee, or work as a 1099 independent contractor. As long as...

16:27 / Employment Based / FAQs / Resident / Worker
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18 Jan 2016

New Year’s Reminders for Employers (Part 3 of 3)

This series of articles has been updated. Please find the updated version of Part 3....

08:52 / AOS/CP / For Employers / NewsBrief / Resident / Student
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14 Jan 2016

February 2016 Visa Bulletin: EB2 India Advances Again

The U.S. Department of State (DOS) February 2016 Visa Bulletin was issued on January 8, 2016. This latest visa bulletin provides advancement of the final action (FA) cutoff date in the employment-based, second preference category for India, consistent with earlier predictions. Meanwhile, the date of filing...

08:24 / AOS/CP / AOS/CP (Family) / For Individuals / Immigrant Family / NewsBrief / Resident / Visa Bulletin
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11 Jan 2016

I have an Indian education with 10 + 2 + 3 (diploma) + 2 (bachelor’s degree) + 13 years of experience. Would I be eligible for an EB2 PERM position?

Answer The answer to this depends upon the requirements for admission to the 2-year bachelor's program. If it required 2-3 years post the 10+2, then it might equate to a 4-year degree. That is what matters - the 2-year degree, essentially, must be equivalent to years...

10:34 / Employment Based / FAQs / Resident
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11 Jan 2016

If a person with a pending I-485 and an EAD loses her job, what are the options?

Answer The answer to this depends upon whether or not the I-485 has been pending for 180 days. If the I-485 has been pending for 180 days or more, the person needs to find a new job that qualifies as the same or similar under AC21...

10:32 / Employment Based / FAQs / Resident / Worker
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08 Jan 2016

EB2 and EB3 India Advance a Bit in February Visa Bulletin

This afternoon, the U.S. Department of State (DOS) released the February 2016 Visa Bulletin. Once again, there is no change in the dates for filing (DF) chart for the employment-based categories. But, there is some forward movement in the final action (FA) chart.For India, the employment-based,...

14:17 / AOS/CP / NewsBrief / PERM Labor / Visa Bulletin
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08 Jan 2016

I-140 EAD Proposal is Limited and Restrictive

The U.S. Department of Homeland Security (DHS) issued a proposed rule, on December 30, 2015, entitled "Retention of EB1, EB2, and EB3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers." Included in the proposed rule is the long-awaited provision for the ability to obtain an...

11:44 / AOS/CP / For Employers / Homeland Security / Immigrant Petition (I-140) / NewsBrief
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