I-485 Interfiling: How to Transfer the Underlying I-140 Petition for Faster Approval
On January 21, 2022, USCIS announced a revised procedure regarding the process of transferring the underlying basis of a Form I-485 to a different employment-based I-140 preference category (a process often called “interfiling”). If an I-485 applicant has another I-140 petition in a more favorable category with a current priority date under Final Action and if they still have a [...]
February 2022 Visa Bulletin – Gradual Forward Movement in EB-2 India and China
The U.S. State Department has just released the February 2022 Visa Bulletin which is the fifth Visa Bulletin for the new fiscal year. The headline in the upcoming month’s Visa Bulletin is the lack of movement across most categories with only notable slight forward movement in EB-2 India and China. […]
January 2022 Visa Bulletin – Not Much Forward Movement
The U.S. State Department has just released the January 2022 Visa Bulletin which is the fourth Visa Bulletin for the new fiscal year. The headline in the upcoming month’s Visa Bulletin is the lack of movement across most categories with only notable slight forward movement in EB-2 India and China. Which India and China Employment-based Applicants Are Eligible to File [...]
Third H-1B Cap Lottery Completed; Newly Selected Petitions Must Be Filed by February 23rd
USCIS has just completed the third round of the H-1B cap selection lottery and notified the selected applicants. The November 2021 selection round was due to the fact that a (still significant) number of H-1B cap registrations selected under the first and second rounds did not file an H-1B petition before the deadline; as a result, USCIS is allocating the [...]
December 2021 Visa Bulletin – Slight Forward Movement in EB-2 India
The U.S. State Department has just released the December 2021 Visa Bulletin which is the third Visa Bulletin for the new fiscal year. The headline in the upcoming month’s Visa Bulletin is the significant (but expected) forward movement in EB-2 India and the closing of the window for EB-3 India downgrades. There are not many changes across the other preference [...]
USCIS Agrees to Improve Work Authorization Process (EAD) for H-4 and L-2 Spouses
In a legal settlement effective as of November 10, 2021, U.S. Citizenship and Immigration Services (USCIS) has agreed to change its policies regarding L-2 and H-4 employment authorization document (EAD) applications. USCIS was challenged in a lawsuit (Shergill et al, v Mayorkas, 21-cv-1296-RSM) as a result of long-delayed EAD applications for certain nonimmigrant spouses. Under the settlement, USCIS has agreed [...]