The USCIS has announced a specific process to be followed for transferring from EB3 to EB2 with a pending I-485. This transfer of your underlying basis is advised for persons who have a pending I-485 that was filed using an EB3 I-140 where; the priority date is not current under the EB3 category but, is… Continue reading From EB3 to EB2 !
Author: Mike Hammond
February Visa Bulletin
The Department of State (DOS) has released the February Visa Bulletin. Most categories remained unchanged but, India EB2 moved forward on the Dates for Filing chart by 2 mos. and 6 mos. on the Final Action Date chart. China EB2 also moved forward almost 2 mos. on the Final Action Date chart. The USCIS announced… Continue reading February Visa Bulletin
USCIS Extends Grace, Again
The USCIS has announced that it will once again, extend the deadline for responses to RFE’s, NOID’s, NOIR’s etc by 60 days due to the on-going COVID-19 pandemic.
EAD Expedite for Healthcare Workers
This week, the USCIS Public Engagement office announced that it will immediately begin to expedite the issuance of EAD’s for healthcare workers if: You have a pending Employment Authorization Document (EAD) renewal application ; and Your EAD is expiring within 30 days or less, or has already expired: Please call the USCIS Contact Center at 800-375-5283 to request expedited processing of your EAD renewal application. If your EAD renewal is pending… Continue reading EAD Expedite for Healthcare Workers
H-1b Workers Decreasing ?
A recent Bloomberg article stated that the number of H-1b workers in STEM positions dropped by over 12% from 2020 and reached their lowest levels in 10 years. The data used was the number of LCA’s filed and certified by the DOL. The speculation as to why; focused on slower processing times, COVID, and greater… Continue reading H-1b Workers Decreasing ?
IT Staffing Companies Beware
In an industry where sub-contracting is common, IT staffing companies must be cautious in dealing with a sub-vendor that employs H-1b workers. There are a number of documented cases where those H-1b workers are not in status, not being paid properly, and in essence being held hostage by an unscrupulous vendor. In one recent case,… Continue reading IT Staffing Companies Beware
January Visa Bulletin
The Department of State (DOS) has released the January Visa Bulletin and there was little movement. All dates in the Dates for Filing chart remained unchanged. In the Final Action Date chart, India EB2 moved forward 2 mos. and China EB2 a few weeks but, EB3 for both India and China remained unchanged. The USCIS… Continue reading January Visa Bulletin
H-4, L-2, and E dependents Win over EAD issues !
This week, the USCIS reached a settlement agreement stemming from a Federal lawsuit brought on behalf of H-4 and L-2 EAD holders. The lawsuit was brought by AILA and a number of partners. The USCIS then released a new policy memo implementing the settlement and also included E dependents. In pertinent part, the new policy… Continue reading H-4, L-2, and E dependents Win over EAD issues !
I-485 Interfiling ? My EB2 PD is current ?
Many Indian nationals that filed a 485 in the fall of 2020 using a downgrade EB3 I-140 have now found themselves in a situation where their EB3 priority date has retrogressed but, their original approved EB2 priority date has now moved ahead and may be current or, based upon more recent DOS proclamations, is expected… Continue reading I-485 Interfiling ? My EB2 PD is current ?
Opportunities Wasted !
As the fiscal year ended on Sept 30,2021 it became apparent that the USCIS and the Department of State would not issue all of the immigrant visas (green cards) that it was authorized by Congress to issue. Immigrant visas not issued do NOT carry-forward to the new fiscal year but, are lost. On the employment… Continue reading Opportunities Wasted !
I-485 Taking Too Long ? Sue ?
Many immigrants were frustrated at how long it was taking to get 485’s approved and several decided to go to Federal Court and sue; and, at least a few have won. Check out this victory from a Federal Court in Mississippi. But, not so fast. not every case wins so “easily”. A Federal Judge in… Continue reading I-485 Taking Too Long ? Sue ?