02 Apr 2018

My employer is currently sponsoring me for a green card. I now have a U.S. citizen family member who wishes to sponsor me for a family-based case. Can both cases be pending at the same time?

Answer Yes, you can have multiple immigrant petitions (employment-based and family-based) happening in parallel. The petitions do not interfere with each other and you ultimately should be able to file for adjustment of status, based on whichever case becomes current first. (02.Apr.2018)In frequent sessions of our...

28 Mar 2018

April 2018 Visa Bulletin Check-In: Cause of Relatively Quick Priority Date Movements

Most months, the U.S. Department of State (DOS) Chief of the Visa Control and Reporting Division, Charles Oppenheim, provides visa bulletin explanations and predictions. For the April 2018 Visa Bulletin, Mr. Oppenheim explains the relatively large movement of cutoff dates in several oversubscribed employment-based categories....

26 Mar 2018

I have an EB3 approved I-140. I then moved to a different employer that filed a new PERM labor certification (LC) case for me. The LC is being audited. Is this common? Should I be concerned?

Answer Most audits are random. Assuming that the recruitment and filing was done properly, it likely can be cleared as soon as the response is processed. (26.Mar.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real...

23 Mar 2018

NewsFlash! President Trump Signs Bill Funding Federal Government Through September 2018

This afternoon, President Trump signed a federal spending bill that keeps the government open through September 30, 2018. This bill also extends the employment-based, fifth preference (EB5) regional center program for the same time period. The bill does not, however, provide any protections to beneficiaries...

21 Mar 2018

Government Faces Yet Another Possible Shutdown After March 23, 2018

Congress must pass a spending bill to extend government operations by midnight of March 23, 2018, or else another temporary shutdown of the federal government will go into effect. A government shutdown at this time would be especially problematic because H1B cap season is upon...

13 Mar 2018

April 2018 Visa Bulletin: Cutoff Date Set for EB1 India and China, EB3 India Surges Forward

The U.S. Department of State (DOS) has released the April 2018 Visa Bulletin. The most notable changes are that cutoff dates have been imposed in the employment-based, first preference (EB1) category for India and China, and that there is considerable movement in the employment-based, third...

05 Mar 2018

I am about to max out of my 6 years of H1B time, so I am applying for a change to H-4. If, after I transfer to H-4 status, I get an approved I-140, can I use that to move back to H1B status?

Answer If you previously held H1B status and you have an I-140 approved, you generally can use this as a basis to return to H1B status. (i.e. The approved I-140 can be used to request H1B status beyond the standard 6-year max.) (05.Mar.2018)In frequent sessions of...

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