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24 Jul 2019

August 2019 Visa Bulletin Check-In

Most months, Charles Oppenheim, the U.S. Department of State (DOS) Chief of the Visa Control and Reporting Division, provides visa bulletin explanations and predictions. Following the release of the August 2019 Visa Bulletin, Mr. Oppenheim discussed some of the higher-than-normal demand in various categories, and...

08:14 / Employment Based / Family Based / For Employers / For Families / For Individuals / Immigrant Family / NewsBrief / Resident / Visa Bulletin
12 Jul 2019

Bill to Remove Per-Country Limits Advances, but Significant Hurdles Remain

On July 10, 2019, the U.S. House of Representatives passed H.R.1044, the Fairness for High-Skilled Immigrants Act of 2019. If passed into law, the bill would eliminate the per-country cap on employment-based green cards, and increase the per-country limit for family-based categories. While this news...

13:59 / Employment Based / Family Based / For Employers / For Individuals / Legislation / NewsBrief / Resident / Worker
24 Jun 2019

I am in H1B status, and also have an EAD and pending I-485. Is it recommended that I maintain H1B status, or is it ok for me to just rely on my I-485/EAD?

Answer We oftentimes recommend to clients that they remain in H1B status, if possible, but this is not a requirement. The main benefit of maintaining H1B status is that it is a "backup" if the I-485 application is denied for some reason. Also, one may continue...

08:09 / Employment Based / FAQs / For Employers / For Individuals / Resident / Worker
24 Jun 2019

My wife recently applied to extend her H-4 status and renew her H-4 EAD. If I switch to a different H1B employer, will that impact her pending cases?

Answer Generally speaking, moving to a new H1B employer would not impact the dependent spouse's pending H-4/EAD extension applications. (24.Jun.2019)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click...

08:03 / Employment Based / FAQs / For Families / For Individuals / Nonimmigrant Family / Resident / Worker
13 Jun 2019

July 2019 Visa Bulletin: Significant Movement in Multiple Categories

The July 2019 Visa Bulletin has been released by the U.S. Department of State (DOS). There are some notable movements in family-based (FB) as well as employment-based (EB) categories. Most significantly, the F2A category becomes current for all countries of chargeability, as well as the...

23:18 / EB5 Investor / Employment Based / Family Based / For Employers / For Families / For Individuals / Immigrant Family / NewsBrief / Resident / Visa Bulletin
10 Jun 2019

If the priority date for an employment-based immigration petition (I-140 form) becomes current, can the petitioner file an I-485 while s/he is in India working for the same company?

Answer An application to adjust status (I-485) can only be filed by an individual (not a company) present in the United States in valid status subsequent to a lawful admission with very few exceptions. If that is not the case, one can still "consular process" for...

09:01 / Consulates / Employment Based / FAQs / For Employers / For Individuals / Resident / Worker