This morning, the U.S. Department of State (DOS) released the August 2018 Visa Bulletin. The employment-based, third preference (EB3) category advance a bit for India, and surges forward for China. Meanwhile, a cutoff date is instituted in the employment-based, first preference (EB1) category for all...
Answer The I-140 is based on a particular job. If that exact job is no longer being offered to you when the priority date becomes current, the I-140 cannot be used to file one's I-485 application. A new PERM and I-140 typically would be required for...
Answer The H-4 EAD program likely will be eliminated at some point. Assuming the program is eventually terminated, we do not know yet what impact that will have on those with existing H-4 EADs. But, it certainly is possible that those with existing EADs will be...
Although the website for the U.S. Department of Labor (DOL) was recently updated to indicate that a key memorandum on roving employees was "canceled," the DOL has since then confirmed that the memo remains in effect. The memo was written in 1994 by the then-Administrator...
Answer A person who receives an employer-sponsored "green card" is generally advised to remain with the sponsoring employer for at least six months to avoid possible allegations of misrepresentation during the naturalization process. Generally, changing after this time period would be relatively safe. (25.Jun.2018)In frequent sessions...
The July 2018 Visa Bulletin has been released by the U.S. Department of State (DOS). As predicted, the cutoff dates for India in both the employment-based, second preference (EB2) and the employment-based, third preference (EB3) categories advance by several months. EB2 China also advances, while...
Answer There normally is no particular reason that the USCIS would have concerns about two I-140 petitions in different classifications. An RFE is unlikely on this matter. (11.Jun.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in...
Answer The TN is not technically one of the limited dual-intent categories, and therefore Canadians who wish to enter the U.S. in TN status are required to have nonimmigrant intent. However, the USCIS has said previously that an I-140 petition is not automatically indicative of immigrant...
Last night, Charles Oppenheim, Chief of the Visa Control and Reporting Division for the U.S. Department of State (DOS), was the featured speaker at the American Immigration Lawyers Association (AILA) D.C. Chapter meeting. During his talk, he provided some updated predictions regarding the employment-based, second...
Lawful permanent residents (LPRs, or "green card" holders) applying to naturalize, and various different categories of I-485 adjustment-of-status applicants, are required to attend U.S. Citizenship and Immigration Services (USCIS) in-person interviews before their respective applications may be approved. Given the heightened scrutiny in the current...
