Answer In order to qualify for the EB1(c) category, one must have worked abroad as a manager or executive for at least one year, and then be offered a managerial or executive position with a related company in the U.S. Without the qualifying foreign experience, one...
The U.S. Department of State (DOS) has released the March 2019 Visa Bulletin. All cutoff dates referenced refer to the dates in the final action (FA) chart, unless otherwise specified. Visa Bulletin Summary Employment-Based, First Preference (EB1) Category The cutoff dates in EB1 for India and China move...
Answer Once the I-140 is approved, the priority date is "cemented" and will be retained for future I-140 approvals with different employers. Only revocation of the I-140 by the government (as opposed to withdrawal by the employer) can result in loss of the priority date; this...
Answer It generally is possible to print out the case status result from the USCIS website, and submit this printout as proof that one has an approved I-140, and therefore qualifies for an H1B extension beyond 6 years. (11.Feb.2019)In frequent sessions of our Chat, Sheela Murthy...
Answer Yes. Current USCIS and USCBP policy does permit international travel while an H1B amendment is pending. One should have the appropriate documents (valid visa, valid passport, approved petition, and amended petition receipt notice), and be prepared to explain the situation. Despite this ostensibly permissive U.S....
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. Predictions for cutoff date movement were included in the February 2019 Visa Bulletin, and the employment-based predictions can be found in...
As predicted, the U.S. Citizenship and Immigration Services (USCIS) has updated its adjustment of status filing charts webpage to indicate that only the less favorable final action (FA) chart can be used for employment-based cases in the February 2019 Visa Bulletin. The date for filing...
Answer Yes, generally there are no restrictions on traveling based on AP while one has a pending I-485. (14.Jan.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 here.Access...
Answer There is no need to "add" one's wife to the I-140 in this situation. When the priority date is current, both spouses generally are eligible to file their I-485 applications, regardless of whether the current spouse is listed in the I-140. (14.Jan.2019)In frequent sessions of...
Answer There is no automatic extension of work authorization based on a pending H-4 EAD extension. If the H-4 EAD has expired, one is no longer permitted to work until the new EAD is received. One who works after the EAD has expired likely is working...
