01 Dec 2022 Before coming to the U.S. on H1B, I worked as a manager for a related company in India. In the U.S., I only have a couple of reports, so my employer said that it would be tough to get an EB1 case approved for me as a multinational manager. They are willing to try, however. I already have an EB2 case approved with a 2018 priority date. If the EB1 case is denied, would that impact my EB2 approval? Could I still keep the priority date?
Answer If an I-140 is filed for you under the EB1(c) category and that case is denied, it normally would have no impact on the existing EB2 case (or your ability to retain the old priority date.) (30.Nov.2022) Sheela Murthy and other senior attorneys provide...13 Oct 2022 My I-140 was approved in the EB2 NIW category. The NIW was approved based on my work related to cancer research and statistical analysis. Am I allowed to move into a different field of research / statistical analysis while my I-485 is pending?
Answer The NIW requires an intention to continue to work in the field of expertise. So, while there is no specific job offer requirement, the entire case is based upon one’s qualifications and the benefit prospectively to the United States that is likely to come...05 Oct 2022 My employer filed an EB2 case for me, and I have a 2021 priority date. Given that I was born in India, it appears I will have to wait a very long time for a green card. I have a child with a medical condition and obtaining a green card would be especially helpful to provide him with more long-term stability regarding medical care. Is it possible to request that USCIS expedite my case?
Answer Although there is a process for requesting that a petition be expedited, this would be for the USCIS to adjudicate a particular case. Unfortunately, the USCIS cannot “expedite” a priority date becoming current. (05.Oct.2022) Sheela Murthy and other senior attorneys provide guidance that clarifies...22 Sep 2022 My EB2 I-485 was approved a few days ago. My wife’s I-485, which is also based on my I-140, is still pending. My priority date will no longer be current in October. What happens if her case is not approved before October 1st?
Answer The USCIS generally cannot approve an I-485 if the priority date of the underlying I-140 is no longer current. Therefore, if your wife’s case is not approved before October 1st, it likely will remain pending until the date becomes current again (or some other...15 Jun 2022 I am working based on an H-4 EAD, and I have a pending I-485 based on my husband’s EB2 case. My husband’s I-485 was just approved. Can I continue working based on my H-4 EAD?
Posted at 21:07hin Employment Based, Family Based, FAQs, For Employers, For Families, For Individuals, Nonimmigrant Family, Resident, Worker
Answer Once the principal spouse’s green card is approved, that individual generally is no longer considered to be in H1B status. And, if the principal spouse is no longer in H1B status, the dependent spouse typically cannot be maintaining valid H-4 status (or continue to...02 Jun 2022 My wife and I filed I-485 applications based on her EB3 I-140. Can I now interfile my I-485 based on my EB2 I-140?
Posted at 07:15hin Employment Based, FAQs, For Families, For Individuals, Immigrant Family, Resident
Answer Yes, generally speaking, the fact that one’s I-485 is pending based on a spouse’s I-140 would not prevent the person from interfiling based on one’s own I-140 petition. (01.Jun.2022) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on...24 Mar 2022 I received my green card in the EB2 category last month. I wish to remain with my existing employer, but also to work a second job. Would that jeopardize my green card?
Answer If a person continues to work in the green card position, working a second job concurrently typically would not jeopardize the green card (or future naturalization application). (23.Mar.2022) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our...18 Mar 2022 USCIS Encourages Eligible Individuals to File I-485s in EB2 India Category in April 2022
Posted at 10:39hin Employment Based, For Individuals, NewsBrief, Resident, USCIS News, Visa Bulletin
Following the release of the April 2022 Visa Bulletin, the U.S. Citizenship and Immigration Services (USCIS) updated its website to indicate that foreign nationals may use the more favorable dates for filing chart (i.e., Chart B) in April for purposes of applying for adjustment of...