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23 Jun 2020

Posted at 12:19hin FAQs, For Employers, For Individuals, Resident, Worker
Answer The “merit-based system” discussed by the Trump Administration was merely a proposal. There is not even an active bill in Congress to effectuate such a change, so any speculation on the requirements is premature at this point. And, chances of such a bill being...

16 Jan 2020

Posted at 11:57hin Employment Based, FAQs, For Individuals, Resident
Answer If an NIW I-140 is approved, the case still falls under the EB2 category. So, while the NIW category has certain benefits (e.g., self-sponsorship), it generally will not help with regard to the lengthy backlogs in the visa bulletin. (16.Jan.2020) Sheela Murthy and other...

17 Jul 2019

Posted at 11:09hin Employment Based, FAQs, For Individuals, Legislation, Resident
Answer The Fairness for High-Skilled Immigrants Act of 2019 (i.e., H.R.1044) is a bill that was passed by the U.S. House of Representatives, but it is not law. To become law, the U.S. Senate would need to pass the bill, and then it would need...

11 Mar 2019

Posted at 08:07hin EB2 National Interest Waiver, Employment Based, FAQs, For Individuals, Resident
Answer A person can self-petition for an NIW based on the performance of work that substantially benefits the national interests of the United States. A doctorate, in and of itself, normally would not make one eligible. (11.Mar.2019) In frequent sessions of our Chat, Sheela Murthy...

14 Jan 2019

Posted at 12:20hin Employment Based, FAQs, For Individuals, Resident
Answer In general, filing another I-140 would have no impact on an already approved petition. If the EB1 petition is approved, it could be “interfiled” into the pending I-485 and likely would reduce the waiting time for I-485 approval. (14.Jan.2019) In frequent sessions of our...

10 Dec 2018

Posted at 11:50hin FAQs, Resident
Answer Depending on the circumstances, there can be different risks in moving from EB2 to EB3. A common one, however, is that USCIS might discover a problem in the EB2 petition that previously was not identified. (10.Dec.2018) In frequent sessions of our Chat, Sheela Murthy...