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26 Oct 2015

My company filed my I-140 for regular processing. Can I change it to premium?

Answer It is possible to upgrade a pending I-140 to premium processing, assuming the case is filed in a category that allows for premium. To do this, it is necessary to have the receipt number from the I-140. The company would have to permit this upgrade....

07:46 / Employment Based / FAQs / Resident
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26 Oct 2015

USCIS Announces System for Visa Bulletin Dates for I-485 Filings

There has been a great deal of confusion surrounding recent changes to the U.S. Department of State (DOS) visa bulletin system. There are now two cutoff charts each for the family-based (FB) and employment-based (EB) preference categories. As previously discussed, however, those seeking to file an...

07:22 / AOS/CP / AOS/CP (Family) / NewsBrief / Visa Bulletin
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19 Oct 2015

Address Change for Certain I-140 Filings

The U.S. Citizenship and Immigration Services (USCIS) has announced that, effective October 19, 2015, there will be a change in the filing location for a limited group of form I-140 employer petitions. This change is simply an effort to balance workloads between the Texas Service Center...

08:02 / AOS/CP / For Employers / Immigrant Petition (I-140) / NewsBrief / USCIS News
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12 Oct 2015

My I-140 is approved and my I-485 has been pending for 180 days. If I move to a new employer, does that company have to file a new PERM case for me?

Answer It is not necessary to file a new PERM case through the new employer, as long as the new job fits within the AC21 requirements. That is, the new job has to fall within the same / similar job classification as the PERM job with...

16:13 / Employment Based / FAQs / Resident
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12 Oct 2015

I have an approved I-140 from Employer A, but am moving to Employer B. If Employer B sponsors me for a new PERM case, can I use the priority date from Employer A’s I-140?

Answer If the I-140 from Employer A is not revoked, then the PD can be retained in a later-filed I-140. The USCIS policy generally allows the PD to be retained even if the older I-140 has been revoked, as long as it is the employer that...

16:09 / Employment Based / FAQs / Resident
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09 Oct 2015

NewsFlash: November 2015 Visa Bulletin

The U.S. Department of State (DOS) Visa Bulletin for November 2015 does not alter the employment-based (EB) dates for filing established in the revised October 2015 Visa Bulletin. Those EB cases eligible for filing in October will also be eligible for filing in November 2015.Final...

13:33 / AOS/CP / Employment Based / NewsBrief / Visa Bulletin
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07 Oct 2015

NewsFlash! Court Denies Relief in Visa Bulletin Lawsuit

A Federal Court has denied a motion for relief in connection with the October 2015 Visa Bulletin. The motion requested a temporary restraining order (TRO) requiring the USCIS to accept form I-485 filings based upon the initially published October visa bulletin.The motion is part of...

14:15 / AOS/CP / AOS/CP (Family) / Employment Based / NewsBrief / Resident / Visa Bulletin
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05 Oct 2015

Is it possible to change status from EAD (I-485 pending) to H1B (6 yrs completed)?

Answer It is possible to regain H1B status after working on EAD. But, it is necessary to do so from outside of the U.S. - applying for an H1B visa "stamp" at a consulate abroad based upon an H1B petition approval. This generally is not recommended,...

11:52 / Employment Based / FAQs / Resident / Worker
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02 Oct 2015

FY 2017 Diversity Lottery Registration

The U.S. Department of State (DOS) has issued instructions for entry in the fiscal year 2017 (FY17) diversity visa (DV) lottery. The DV lottery, often called the "green card" lottery, grants 50,000 visa numbers each year to qualified applicants. Registration for FY17 began on October...

08:15 / AOS/CP / AOS/CP (Family) / For Individuals / Green Card Lottery / Immigrant Family / NewsBrief
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01 Oct 2015

October 2015 Visa Bulletin Revised: Bad News and Unacceptable Turn of Events

Excitement over the October 2015 Visa Bulletin turned to disappointment, frustration, and anger on September 25, 2015, when the U.S. Department of State (DOS) issued a revised version of the visa bulletin, superseding the original version. The cutoff dates for filings in the revised October...

10:55 / AOS/CP / AOS/CP (Family) / Employment Based / Family Based / NewsBrief / Resident / Visa Bulletin
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