Answer The I-140 priority date generally is locked in with the approval. That case itself could continue if the employer is willing. Otherwise, the PD could be retained in a later GC case in most instances. If one moves to H-4 status, this would not prevent...
AttorneyIt is generally best, if at all possible, to maintain H1B status until the GC is approved. The primary reason for this is that if the I-485 is denied for some reason, at least one still would be in valid H1B status. Otherwise, the denied...
The U.S. Department of State (DOS) March 2016 Visa Bulletin shows further advancement in the employment-based, third preference (EB3) worldwide category. The final action (FA) cutoff date in the employment-based, second preference category for India also advances, but at a slower pace than in recent...
The U.S. Department of State (DOS) released the March 2016 Visa Bulletin this afternoon. In the final action (FA) chart, the employment-based, second preference (EB2) category for India moves forward by ten weeks, to October 15, 2008. EB2 China moves up by five months, to August...
Answer This depends upon the employer. The GC case can continue while the individual is outside the U.S. The employer must file the I-140 within 6 months of the PERM approval. Otherwise, the PERM expires. But, the fact that the beneficiary is outside the U.S. would...
The U.S. Department of State (DOS) provides visa bulletin insights each month through Charles Oppenheim, Chief of the Visa Control and Reporting Division. The information from Mr. Oppenheim for February, which was released later than usual, includes a discussion about the DOS visa applicant wait...
Answer Yes! Once the I-140 is approved, if the PD is not current, the person would be eligible for the additional 3-year H1B extension, cap-exempt. There is no need to bank away part of the initial H1B time, etc, in this situation. This is different from...
Answer GCs are always for future employment. So, yes, if the PD is current, the I-485 could be filed based on a future employment letter. However, it is best to get some advice as to the likelihood of success in such cases - and the steps...
For many years, the Murthy Law Firm has addressed questions regarding the interpretation of a "same or similar" occupational classification for job portability in the permanent resident (green card) process. This is a key concept in the American Competitiveness in the 21st Century Act (AC21),...
As many MurthyDotCom readers are aware, the U.S. Department of Homeland Security (DHS) issued a proposed regulation, on December 30, 2015, aimed at improving the employment-based immigration process. While many have focused on the portion of this proposal covering I-140 based employment authorization documents (EADs) -...
