28 Mar 2018

April 2018 Visa Bulletin Check-In: Cause of Relatively Quick Priority Date Movements

Most months, the U.S. Department of State (DOS) Chief of the Visa Control and Reporting Division, Charles Oppenheim, provides visa bulletin explanations and predictions. For the April 2018 Visa Bulletin, Mr. Oppenheim explains the relatively large movement of cutoff dates in several oversubscribed employment-based categories....

26 Mar 2018

I have an EB3 approved I-140. I then moved to a different employer that filed a new PERM labor certification (LC) case for me. The LC is being audited. Is this common? Should I be concerned?

Answer Most audits are random. Assuming that the recruitment and filing was done properly, it likely can be cleared as soon as the response is processed. (26.Mar.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real...

23 Mar 2018

NewsFlash! President Trump Signs Bill Funding Federal Government Through September 2018

This afternoon, President Trump signed a federal spending bill that keeps the government open through September 30, 2018. This bill also extends the employment-based, fifth preference (EB5) regional center program for the same time period. The bill does not, however, provide any protections to beneficiaries...

21 Mar 2018

Government Faces Yet Another Possible Shutdown After March 23, 2018

Congress must pass a spending bill to extend government operations by midnight of March 23, 2018, or else another temporary shutdown of the federal government will go into effect. A government shutdown at this time would be especially problematic because H1B cap season is upon...

05 Mar 2018

I am about to max out of my 6 years of H1B time, so I am applying for a change to H-4. If, after I transfer to H-4 status, I get an approved I-140, can I use that to move back to H1B status?

Answer If you previously held H1B status and you have an I-140 approved, you generally can use this as a basis to return to H1B status. (i.e. The approved I-140 can be used to request H1B status beyond the standard 6-year max.) (05.Mar.2018)In frequent sessions of...

26 Feb 2018

My H-4 extension is currently pending, and my spouse’s I-140 was just approved. Can I apply for an H-4 EAD now, or do I need to wait for the H-4 extension to be approved?

Answer An H-4 spouse typically can apply for the H-4 EAD at any time, based on the H1B holder's I-140 approval. If the H-4 extension is currently pending, you can provide evidence of the pending case and request that the USCIS approve the H-4 EAD based...

14 Feb 2018

USCIS Now Accepting Payments Via Credit Card for Most Fee-Based Forms

The U.S. Citizenship and Immigration Services (USCIS) announced today that, effective immediately, the agency now accepts credit card payments for 41 fee-based forms. Some of the more prominent forms include immigrant petition for alien worker (form I-140), application to register permanent residence or adjust status...