27 Jan 2022

Until recently, MurthyDotCom was posting updated visa bulletin predictions each month. There have not been any such postings lately. Do you expect to provide these again in the near future?

Answer At the end of 2021, Charles Oppenheim retired from his position as the Chief of the Visa Control and Reporting Division for the U.S. Department of State (DOS). Until his retirement, Mr. Oppenheim had been providing visa bulletin updates most months. We would then, in...

16 Dec 2021

January 2022 Visa Bulletin

This morning, the U.S. Department of State (DOS) released the January 2022 Visa Bulletin. There is very little movement in January from the December 2021 visa bulletin. Visa Bulletin Summary Employment-Based, First Preference (EB1) Category The EB1 category remains current for all countries of chargeability. Employment-Based, Second Preference (EB2)...

21 Oct 2021

In October 2020, I filed an I-140 EB2-to-EB3 downgrade case, along with my I-485 application. Now, it looks like the EB2 India cutoff date may advance past the EB3 cutoff date. If that happens, will the USCIS automatically adjudicate my case as an EB2 case?

Answer No. If the I-485 was filed based on the EB3 I-140, the USCIS normally would continue to process it as an EB3 case. In order to have the case processed under the EB2 category, one option may be to interfile the previously approved I-140 to...

21 Oct 2021

My I-485 application was filed in the EB3 India category and has been pending for more than 180 days. If I want to use AC21 to port to a similar position with a different employer, does my priority date still have to be current on the date I move to that employer?

Answer No, there is no requirement that the priority date still be current in order for a person to use AC21 to port to a same / similar position. (21.Oct.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...