Charles Oppenheim, Chief of the Visa Control and Reporting Division for the U.S. Department of State (DOS), supplies monthly visa bulletin explanations. This month's update includes predictions for October 2016, which is the start of fiscal year 2017. All information in this article pertains to...
The Board of Alien Labor Certification Appeals (BALCA) reversed a PERM labor certification (LC) denial involving a change in the PERM application signatory at the time of an audit. This case illustrates the minute details that can determine success or failure in the PERM process....
Answer To be fair, the USCIS permits the use of the DF chart for family-based cases from time to time. But, when it comes to the employment-based categories, your frustration is justified! The problem seems to be an intergovernmental conflict, with the DF chart intended for...
Answer It depends. The change in employment 3 months after getting an EB green card as the primary beneficiary may raise questions about whether the job offer was genuine and the intent actually was to work for the sponsor, etc. But, depending upon circumstances, there may...
The U.S. Department of Labor (DOL) provides targeted quarterly information regarding PERM labor certification (LC) filings. The PERM LC process is the starting point or foundation of most employment-based, permanent residence ("green card") cases. The DOL statistics for the third quarter of fiscal year 2016...
Answer Typically, the USCIS does not reroute a case sent to the wrong address. Rather, the USCIS typically rejects such cases and returns them to the applicants. (15.Aug.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in...
The U.S. Department of State (DOS) issued the September 2016 Visa Bulletin, which is the final visa bulletin of fiscal year 2016 (FY16). This visa bulletin is largely unchanged from the previous month in many key categories, and continues to have cutoff dates in the...
Answer The H1B generally stays valid through its expiration date or until the H-4 COS is approved, which ever comes first. Once the COS is approved, you must stop working until and unless you obtain an H-4 EAD. (08.Aug.2016)In frequent sessions of our Chat, Sheela Murthy...
Answer There is no timing requirement. There is a proposal to prevent the revocation of the I-140 after 180 days, but that is just a proposal. For now, once an I-140 is approved, the priority date may generally retained by that beneficiary for use with any...
There is little-to-no movement of cutoff dates for the vast majority of categories in the September 2016 Visa Bulletin, which was released this afternoon by the U.S. Department of State (DOS). However, in the final action (FA) chart, the employment-based, second preference (EB2) and employment-based,...
