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16 Dec 2021

January 2022 Visa Bulletin

This morning, the U.S. Department of State (DOS) released the January 2022 Visa Bulletin. There is very little movement in January from the December 2021 visa bulletin. Visa Bulletin Summary Employment-Based, First Preference (EB1) Category The EB1 category remains current for all countries of chargeability. Employment-Based, Second Preference (EB2)...

12:08 / EB5 Investor / Employment Based / For Employers / For Individuals / Investor / NewsBrief / Resident / Visa Bulletin
16 Dec 2021

After working in India as a manager for several years, I transferred to a subsidiary in the U.S. in L1A status. I have been in L1A status for four years. I spoke with my employer about sponsoring me for a green card through the EB1(c) category. They told me I do not qualify because I need to have worked as a manager abroad for at least one year in the past three years. Does this mean I need to go back to work in India for another year to qualify?

Answer Based on the information provided, there is a good chance you already qualify for the EB1(c) category. Normally, in order to qualify as a multinational manager / executive for EB1(c) purposes, the foreign national must have worked abroad for a related company as a manager...

08:51 / Employment Based / FAQs / For Employers / For Individuals / Resident / Worker
18 Nov 2021

My I-140 is approved, but I am working overseas. How can I tell if my priority date is current? Do I use the dates for filing chart, or the final action chart?

Answer For I-140 petitions filed for consular processing, the dates for filing (DF) chart indicates when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center. The immigrant visa cannot be issued by the consulate until one's priority date...

08:41 / Consulates / Employment Based / FAQs / For Employers / For Individuals / Resident
11 Nov 2021

I filed an EB3 downgrade case, and my I-485 is still pending. I read online that, if my EB2 case becomes current and my I-140 was filed as a new petition rather than as an amendment, the USCIS will automatically adjudicate my case as EB2. Is that correct?

Answer We had a similar question several weeks ago, and our response may not have been sufficiently nuanced. Our general recommendation is that, if an EB3 downgrade case has been filed and later the individual wishes to return to EB2, some action should be taken. For...

08:24 / Employment Based / FAQs / For Employers / For Individuals / Resident
04 Nov 2021

My I-485 was approved at the end of October. However, my wife’s I-485 is still pending, and the cutoff date has now retrogressed before my priority date. Can I sponsor her for a family-based green card? Do I have to wait a certain amount of time after getting my GC before I can sponsor someone?

Answer There is no set amount of time a lawful permanent resident must wait to sponsor a qualifying family member for a green card. Further, the fact that she has a pending employment-based green card case does not prevent her from also being sponsored for a...

06:58 / Employment Based / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Resident