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 !
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 ?
The USCIS through the Department of Health and Human Services and the Centers for Disease Control have announced that effective October 1, 2021 all medical examinations to be used to support an I-485 filing will require a COVID vaccine. The key date is the date of the examination, not the date of the I-485 filing.… Continue reading COVID Vaccine Mandated for I-485 Applicants
Today, the USCIS announced new procedures for re-scheduling biometric appointments. They reminded everyone that if you do not attend your scheduled appointment or re-schedule in advance by proving good cause, that your underlying application will be considered abandoned. For I-485 applicants, we do not recommend traveling internationally until after your biometrics have been taken to… Continue reading Update on Biometric Appts
The USCIS has announced that they will no longer apply the Public Charge Rule introduced by the Trump Administration but, will revert back to the rule that was in effect prior to October of 2019. A summary of the rule that will now be applied can be found here. As a practical matter, this means… Continue reading Public Charge Rule Dies
The USCIS has won a victory in Federal Court that allows them to once again require public charge proof in certain immigration filings including the I-129 H and L and the I-485. With many priority dates expected to become current in October, the additional paperwork will be mandated with all filings.
The Department of State (DOS) has released the August Visa Bulletin and we saw significant forward movement in several categories. For example, India EB1 moved forward 8 mos; China EB1 moved forward 6 mos; and, EB3 all other countries and the Philippines both moved forward almost a full year. The USCIS has announced that they… Continue reading August Visa Bulletin
The USCIS has announced that it will not honor the Department of State “Dates for Filing” chart contained in the October Visa Bulletin. Instead, they will utilize the “Final Action Date” chart and only accept 485 filings that have a priority date that is current using said chart.
The Department of State (DOS) has recently released the October Visa Bulletin. This is a critical bulletin as it is the first bulletin for the new fiscal year and provides a glimpse into expectation of priority date movement for the entire fiscal year. In spite of speculation to the contrary, the bulletin includes both the… Continue reading October Visa Bulletin
Recently, the USCIS began to deny advance parole applications if the person traveled internationally while the AP application was pending. For many years, the USCIS had continued to adjudicate and approve AP’s if you traveled as long as you were on an H or L visa however, that policy has now changed (without any notice).… Continue reading Advance Parole and Travel
On December 1, 2015, the 8th Circuit decided Rajasekaran v. Hazuda, 2015 BL 393183, 8th Cir., No. 14-3623, 12/1/15, and found that Courts can’t review USCIS failure to provide reasons for I-140 revocation, and an I-140 that wasn’t valid to begin with isn’t made valid by an immigrant changing jobs pursuant to the AC21 portability… Continue reading 8th Circuit Weighs in on I-140 Revocations