The U.S. Department of State (DOS) April 2016 Visa Bulletin is now available. The backlogged employment-based, second preference (EB2) and employment-based, third-preference (EB3) categories for India and China have minimal advancement in the final action (FA) charts. There is no movement in the dates for filing...
The U.S. Citizenship and Immigration Services (USCIS) has released the latest charts detailing the number of employment-based (EB) adjustment-of-status applications (form I-485) that are pending with the agency. The charts break down the number of pending I-485s by country of chargeability, EB category, and priority date...
The U.S. Department of State (DOS) released the April 2016 Visa Bulletin this afternoon. In the employment-based categories, there is no change from last month in the dates for filing (DF) chart. As for the final action (FA) chart, the movement is extremely limited.The employment-based, second...
Answer Yes, generally speaking, an H-4 EAD can be requested while an H1B amendment is in process. (07.Mar.2016)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click here.Access more...
The U.S. Department of Homeland Security (DHS) issued a proposed rule in December 2015, entitled Retention of EB1, EB2, and EB3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers. As indicated in our January 8, 2016 NewsBrief, I-140 EAD Proposal is Limited and Restrictive,...
Answer No, the original I-140 approval notice is not needed for PD retention. Just reference the approved case receipt number information and include a copy of the approval, if available. The USCIS has all the information on the old case - they are the ones who...
Answer The H-4 EAD allows unrestricted employment authorization. So, one may work in virtually any type of position, including self-employment (e.g., managing rental properties). As for earnings from stock, if this were passive income (like dividends, capital gains, etc) from routine stock market investments, an EAD...
The U.S. Citizenship and Immigration Services (USCIS) published a final rule that became effective on February 16, 2016, which provides a few revisions to several nonimmigrant visa categories and one immigrant visa category. More specifically, the revisions impact the H1B1 (specialty occupation professionals who are citizens...
Answer The I-140 priority date generally is locked in with the approval. That case itself could continue if the employer is willing. Otherwise, the PD could be retained in a later GC case in most instances. If one moves to H-4 status, this would not prevent...
AttorneyIt is generally best, if at all possible, to maintain H1B status until the GC is approved. The primary reason for this is that if the I-485 is denied for some reason, at least one still would be in valid H1B status. Otherwise, the denied...
