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....
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...
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AOS/CP / AOS/CP (Family) / For Individuals / Immigrant Family / NewsBrief / Resident / Visa Bulletin
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...
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...
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,...
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...
04
Jan
2016
Is it better to remain on H1B or switch to EAD when I return to the U.S. after a trip abroad?
Answer It is typically best to try to stay on H1B, but this is not a one-dimensional issue. There can be risks in applying for H1B visas, and situations where it is less risky to use the AP for travel because of visa concerns. (04.Jan.2016)In frequent...
04
Jan
2016
My wife and I both have approved I-140s with our respective employers, and we both have priority dates that are almost current. What are the pros and cons of filing our I-485s separately as opposed to having one of us apply as a dependent of the other?
Answer The complete pros and cons should be discussed in a consultation. But, other than the obvious priority date issues, we look at job stability - is one job far more stable than the other? Each spouse's GC case still acts as a backup for the...
30
Dec
2015
NewsFlash! Proposed Rule Would Provide Improved Job Flexibility, Grace Periods, and More!
This morning, a proposed rule was published in the Federal Register that would provide a number of immigration benefits, including grace periods for certain nonimmigrant workers, improved job flexibility, and greater clarity on a number of existing immigration rules. Some of these benefits include:Once an...
24
Dec
2015
January 2016 Visa Bulletin Official Insights and Predictions
Each month, the U.S. Department of State (DOS) explains key aspects of the visa bulletin contents through Charles Oppenheim, Chief of the Visa Control and Reporting Division. The January 2016 Visa Bulletin information discusses the expectations for the employment-based, second preference (EB2) India category as...