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08 Jul 2026

I filed my I-485 application and left my sponsoring employer before it had been pending for 180 days. What happens if my employer withdraws the underlying I-140 petition before then? Can I still use AC21 portability?

Answer AC21 portability, in part, requires that the I-485 application must have been pending for at least 180 days, and the I-140 petition remained approved through that point. If the employer withdraws the I-140 before the I-485 has been pending for 180 days, then the requirements...

11:58 / Employment Based / FAQs / For Individuals / Resident
30 Jun 2026

When is the EB5 investment amount expected to increase? How much will it increase, and which EB5 categories are affected?

Answer The law requires the EB5 investment amount to be adjusted for inflation starting January 1, 2027 and again every five years thereafter. The exact amounts have not yet been announced, but both the standard investment amount and the reduced amount for investments in targeted employment...

14:21 / EB5 Investor / Employment Based / FAQs / For Families / For Individuals / Immigrant Family / Investor / Resident
23 Jun 2026

I noticed that the July 2026 Visa Bulletin shows a “U” for India in the EB2 and EB5 Unreserved categories. What does that mean?

Answer A "U" on the Visa Bulletin means the category is unavailable because all available immigrant visa numbers for that fiscal year have been used. As a result, USCIS cannot approve adjustment of status applications or issue immigrant visas in that category while it remains unavailable....

13:04 / Consulates / Employment Based / FAQs / Resident / USCIS News / Visa Bulletin
16 Jun 2026

I am applying for naturalization but have heard that USCIS is not scheduling oath ceremonies for many applicants, even when the interview goes well. Am I allowed to travel internationally while my naturalization application is pending?

Answer Yes. In general, applicants may travel internationally while their naturalization applications are pending. However, it is important to avoid any scheduling conflicts with USCIS appointments. Applicants also should ensure that any travel does not affect their ability to satisfy the continuous residence and physical presence...

09:30 / Citizen / FAQs / For Individuals / Travel / USCIS News
02 Jun 2026

I heard that the DHS reversed course on the recent 21.May.2025 AOS memo and now says that most immigrants seeking green cards will not need to leave the U.S. to complete the process. Can you please clarify?

Answer While the reported U.S. Department of Homeland Security (DHS) reversal and clarification are encouraging, it remains unclear how the U.S. Citizenship and Immigration Services (USCIS) will apply the guidance in the memo. Adjustment of status (AOS) remains a discretionary benefit, and USCIS officers will continue...

16:17 / Employment Based / Family Based / FAQs / For Families / For Individuals / Homeland Security / Resident / USCIS News
27 May 2026

USCIS recently issued guidance emphasizing that AOS is discretionary and for extraordinary circumstances and that individuals seeking permanent residence generally should apply through consular processing. How could this affect my already pending I-485 application?

Answer It remains unclear how the USCIS will apply this guidance and whether it could affect adjustment of status (AOS) applications that are already pending. However, based on reports from recent adjustment interviews, applicants may be asked to explain why they pursued AOS in the United...

07:16 / Employment Based / Family Based / FAQs / For Employers / For Families / For Individuals / Homeland Security / Immigrant Family / Resident / USCIS News
19 May 2026

We realized after my company filed the ETA Form 9089 that there was a mistake on the application. Can it be corrected after filing?

Answer No. The U.S. Department of Labor typically does not permit typographical error corrections for a filed ETA Form 9089. In some cases, if the recruitment advertisements are still valid, the employer may be able to withdraw the application and refile a corrected ETA Form 9089....

11:08 / Employment Based / FAQs / For Employers / For Individuals / Resident
19 May 2026

My EB1C priority date became current a few years ago, but I did not file my Form I-485 at that time. I later entered the U.S. in L1A status and planned to apply for adjustment of status with my family. Is there any issue with applying for a green card after waiting a few years after my priority date became current?

Answer As long as the qualifying job offer underlying the approved Form I-140 immigrant petition remains valid, there is typically no specific deadline by which a person must file the Form I-485 application for adjustment of status after the priority date becomes current. (19.May.2026)Sheela Murthy and...

11:05 / Employment Based / FAQs / For Employers / For Individuals / Resident
19 May 2026

I have a pending employment-based Form I-485 application based on a job offer from one employer. I understand that I may be able to transfer the underlying basis of the I-485 to either a different employment-based category or a new employer based on another approved Form I-140 petition. Does my priority date need to be current to make this request?

Answer Yes. In order to transfer the underlying basis of a pending Form I-485 application, the priority date generally must be current for your country of chargeability under the Final Action Dates chart in the U.S. Department of State Visa Bulletin for the category associated with...

11:03 / Employment Based / FAQs / For Individuals / Resident