13 Jul 2023

Updated Guidance on I-140 EAD Based on Compelling Circumstances

The U.S. Citizenship and Immigration Services (USCIS) has released updated guidance for an employment authorization document (EAD) based on compelling circumstances for a person who has an I-140 immigrant petition approval. The updated guidance explains the eligibility criteria for a compelling circumstances EAD, gives examples...

13 Jul 2023

My husband is on L1A and his employer is filing an EB1 petition for him as a multinational manager. Do I have to be in the U.S. in L-2 status during this process?

Answer There is no requirement that dependents be in the U.S. when an I-140 is filed. Once the priority date is current, however, each dependent would need to be physically in the United States in order to file his or her I-485 adjustment-of-status application. The alternative...

06 Jul 2023

I am currently working in H1B status. A few years ago, my U.S. citizen brother sponsored me for a green card. Since I am in the U.S., will that help my case move any faster?

Answer Being in the U.S. would typically not impact the wait time for an immigrant visa. If you happen to be in H1B status when the I-130 is approved and your priority date is current, you could file for adjustment of status (form I-485), as opposed...

03 Jul 2023

Inadmissibility and Immigrant / Nonimmigrant Waivers

A foreign national may become subject to inadmissibility for a variety of reasons. Those deemed inadmissible are not eligible for immigrant or nonimmigrant visas, admission to the United States, extension of nonimmigrant status, or adjustment of status to that of a lawful permanent resident (LPR)....

28 Jun 2023
15 Jun 2023

I have been in L1A status for a few years, and my employer is about to start an EB2 PERM case for me. I did not work as a manager in India, so I do not qualify for EB1(c). Do I have to move to H1B to proceed with the EB2 case?

Answer There is no conflict between being in L1A status and having a PERM case filed on one's behalf.Note, however, that the maximum amount of time a person may remain in L1A status is seven years. Unlike the H1B category, which allows a person to extend...