12 Jul 2019

Bill to Remove Per-Country Limits Advances, but Significant Hurdles Remain

On July 10, 2019, the U.S. House of Representatives passed H.R.1044, the Fairness for High-Skilled Immigrants Act of 2019. If passed into law, the bill would eliminate the per-country cap on employment-based green cards, and increase the per-country limit for family-based categories. While this news...

10 Jul 2019

My family and I have I-485 applications that have been pending for a number of years because of retrogression. My daughter is about to turn 21. Will she age out if her I-485 is not approved before her birthday?

Answer In general, if the I-485 was filed before the child turned 21 years of age, and within one year of the priority date becoming current, the child would be protected by the Child Status Protection Act (CSPA). However, there are a number of additional factors...

24 Jun 2019

I am in H1B status, and also have an EAD and pending I-485. Is it recommended that I maintain H1B status, or is it ok for me to just rely on my I-485/EAD?

Answer We oftentimes recommend to clients that they remain in H1B status, if possible, but this is not a requirement. The main benefit of maintaining H1B status is that it is a "backup" if the I-485 application is denied for some reason. Also, one may continue...

24 Jun 2019

My wife recently applied to extend her H-4 status and renew her H-4 EAD. If I switch to a different H1B employer, will that impact her pending cases?

Answer Generally speaking, moving to a new H1B employer would not impact the dependent spouse's pending H-4/EAD extension applications. (24.Jun.2019)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...

13 Jun 2019

July 2019 Visa Bulletin: Significant Movement in Multiple Categories

The July 2019 Visa Bulletin has been released by the U.S. Department of State (DOS). There are some notable movements in family-based (FB) as well as employment-based (EB) categories. Most significantly, the F2A category becomes current for all countries of chargeability, as well as the...