Answer Unfortunately, being vaccinated does not make a person exempt from the COVID-related travel ban. There are no updates yet as to when the ban may be lifted. (01.Jul.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online...
Answer No, that is not correct. There are two major issues surrounding the EB5 program right now, but they are not directly related to one another. First, there is the looming deadline of the regional center program expiring on June 30, 2021. The regional center program...
Answer The USCIS does not generally provide any insight on whether it plans on allowing for the use of the dates for filing chart (i.e., Chart B) for purposes of applying for adjustment of status. We generally do not know whether Chart B can be used...
Answer If the I-693 was signed by the civil surgeon after the I-485 was filed, it normally remains valid up to 2 years from the date the I-693 was signed. (24.Jun.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our...
Answer H1B time is calculated based on the person's time in the United States in H1B status. Time spent outside the U.S. after an H1B has been approved does not count toward the standard 6-year max. (17.Jun.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies...
Answer If the PERM labor certification is at the service center where the I-140 is being filed, it appears the USCIS will honor the premium processing request. However, there have been reports of cases being rejected when a premium processing request was included. As a precaution,...
Answer The EB5 program is permanent, so it will not expire. However, the regional center portion of the EB5 program is "temporary," so it periodically must be renewed. Presently, if no action is taken, the program will expire at the end of June. However, there are...
Answer I-485 processing times generally are based on the local field office processing your case. Current processing times can be found on the USCIS website. Your priority date must be current at the time of adjudication in order for the I-485 to be approved. But the...
Answer Technically speaking, to qualify for AC21 portability when the I-140 is still pending, the I-140 must be "approvable when filed." Assuming all the standard AC21 requirements are met (e.g., porting to the same or similar job), this may be an option, but it is not...
Answer Withdrawing the pending I-485 at this point is probably not the best option. It may be possible to interfile, or one could potentially file a second I-485 and have both cases pending. Eventually, the USCIS will ask the applicant to choose one of the cases...
