Answer No. Unless one qualifies under AC21 (i.e. the I-485 has been pending for 180 days and the move is to a same / similar position as the one in the underlying I-140), the I-140 generally can only be used to apply for a green card...
Cutoff dates in the employment-based, second preference (EB2) category for India and China suffer substantial retrogression in the June 2016 Visa Bulletin, which was released this afternoon by the U.S. Department of State (DOS). In the final action (FA) chart, EB2 India rolls back more than...
The U.S. Citizenship and Immigration Services (USCIS) has adopted a decision of the Administrative Appeals Office (AAO) addressing the requirements for medical specialists seeking a physician-specific national interest waiver (NIW). This solidifies a long-standing practice by the USCIS, which allows all physicians, both primary care...
Tomorrow, the U.S. Citizenship and Immigration Services (USCIS) will be publishing a proposed increase in filing fees in the Federal Register that would apply to nearly all case types. A pre-publication version of the proposal is available online. Table 9, which can be found beginning...
Answer The PD retention rules do not require any similarity between the jobs in the I-140s. So, a job change, even to an entirely different field, would not impact the ability to retain the PD. (02.May.2016)In frequent sessions of our Chat, Sheela Murthy and other senior...
Answer The answer to this depends upon the position held abroad. EB1(c) requires that the individual held a managerial or executive position with the related company abroad for at least one year. So, if that is not the case, EB1(c) would not be an option. (02.May.2016)In...
Representatives from the U.S. Citizenship and Immigration Services (USCIS) recently revealed to members of the American Immigration Lawyers Association (AILA) that USCIS adjudicators have been "… testing social media review in adjudications." They further indicated that the agency is reviewing social media as part of...
The annual limits for the employment-based, fourth preference (EB4) category have been reached for applicants born in El Salvador, Guatemala, and Honduras. This development is reflected in the establishment of a cutoff date in the May 2016 Visa Bulletin issued by the U.S. Department of State...
Answer Although there is no specific minimum time period in the regulations that one must work for the sponsor after the green card is approved, a good rule of thumb is to work for the sponsor for at least 6 months after the GC is approved...
Answer Assuming the I-140 is not withdrawn by the petitioning employer and remains valid, it should be possible to be sponsored for a change back to H1B status without being subject to the cap again. (25.Apr.2016)In frequent sessions of our Chat, Sheela Murthy and other senior...
