Answer Generally speaking, unless the individual qualifies for AC21 (i.e. I-485 has been pending for at least 180 days and the new position is the same or similar), a new PERM case would be required in order to be sponsored under the new position. (24.Oct.2016)In frequent...
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 related to the November 2016 Visa Bulletin includes insights into the employment-based, second preference category for India and China, as...
Answer This frequently occurs automatically when the new I-140 is approved; but, one should inform the USCIS of the existence of an earlier priority date when the new I-140 is filed. (17.Oct.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that...
On Tuesday, the U.S. Department of State (DOS) released the November 2016 Visa Bulletin. There is no change in the dates-for-filing (DF) chart from the October 2016 Visa Bulletin. In the final action (FA) chart, the cutoff dates in the employment-based, second preference (EB2) category...
Answer Generally speaking, if one has an EAD, the work authorization is unrestricted. (10.Oct.2016)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 more FAQs here. Copyright © 2016,...
Answer The H-4 spouse needs to be in the United States in order to apply for an H-4 EAD. (10.Oct.2016)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...
Answer This is generally not be possible, because one in this situation is normally unable to properly complete an I-9 form. (10.Oct.2016)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...
President Barack Obama directed the U.S. Department of Labor (DOL) to update and modernize the PERM Labor Certification (PERM LC) program in 2014. On September 12, 2016, however, a DOL official stated that the PERM regulations are currently under review, but that it is "highly...
Answer This can be a tricky situation. A government memo from some years ago said that a principal nonimmigrant (such as an H1B spouse) could not depart the U.S. leaving behind a "parked" dependent (such as an H-4 spouse). If the H1B is traveling outside the...
Answer Under the current rules, the new employer would need to file a new PERM application and a new I-140. One generally would be allowed to retain the same priority date from the approved I-140, however. (03.Oct.2016)In frequent sessions of our Chat, Sheela Murthy and other...
