Answer This situation would have to be looked at in detail to give a specific, reliable answer. But, generally, if the transactions are structured so that B is a successor in interest to A, and then C is a successor to B, it would not be...
The American Immigration Lawyers Association (AILA) has issued an alert regarding an intermittent technical problem in the PERM labor certification (LC) system. This glitch causes information to disappear from the completed PERM form ETA 9089 after online submission. PERM Section K Information Mishaps The PERM LC process...
Answer It is possible to file a new PERM with a different employer while the BALCA appeal is pending. It is also possible to prepare a PERM case for filing with the same employer while the BALCA appeal is pending. But, the appeal is supposed to...
The U.S. Department of State (DOS) provides visa bulletin clarifications on a monthly basis through Charles Oppenheim, Chief of the Visa Control and Reporting Division. The information from Mr. Oppenheim regarding the April 2016 Visa Bulletin explains some of the reasons for the very limited...
The U.S. Department of State (DOS) has created an assistance desk for employment-based, fifth preference (EB5) investors. This effort to improve service for EB5 cases was launched by the National Visa Center (NVC) on February 22, 2016. An overview of the EB5 program is available...
Answer The civil surgeons who complete the medical exams for I-485s are all in the United States. So, if the RFE is a typical I-485 RFE for an updated medical, it is going to be necessary to get the exam completed in the U.S. (The panel...
Answer If the petitioning employer will not provide you with a copy, you may file a Freedom of Information Act (FOIA) request. If there is no I-485 filed based on that I-140, the USCIS may not provide you with a copy. But, the USCIS usually will...
Answer Typically, what is used in this situation are affidavits from colleagues. We usually use affidavits from two people (former coworkers or supervisors) who can verify the work information and experience. (21.Mar.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that...
Answer The comment period closed about two weeks ago. There were around 30k+ comments, all of which must be reviewed and considered by the government before finalizing. The regulation covered quite a number of issues - not just the I-140 EAD. So, it could easily be...
Answer The H-4 and the H-4 EAD are not specific to the spouse's job. As long as the principal spouse maintains valid H1B status, a change to a new employer typically would have no impact on the H-4 EAD. (14.Mar.2016)In frequent sessions of our Chat, Sheela...
