Waiting for your adjustment of status to be processed and approved can be a painfully slow process. For many people, it can take years and years for their priority date to become current and a visa to be available. Even then, you still have to file your adjustment of status and wait for it to…
Most people who apply for adjustment of status (AOS) also apply for an employment authorization document (EAD) and advance parole (AP) at the same time. Because of the lengthy processing times for AOS applications, your EAD and AP will likely be approved prior to your green card. Using those benefits, however, comes with consequences you…
On January 21, 2022, USCIS updated its guidance affecting some employment-based adjustment of status applicants. Specifically, USCIS is now encouraging anyone who would benefit from the process of interfiling to consider doing so. As a refresher, interfiling is the process of transferring the underlying basis for your adjustment of status from one preference category (such…
Employment When do I have to join my employer-sponsor? What work can I do for them? Where can I work after green card is issued? By pursuing the employment-based application, both you and your employer have declared your intentions of having you perform the services described in your I-140 (or on the I-485 Supplement J…
On June 1, 2021, the U.S. Chamber of Commerce announced the launch of its nationwide initiative, America Works, to address the worker shortage crisis in the U.S. Worker Shortage by the Numbers How bad is the worker shortage? The Chamber released a report that contains statistics pointing to the scale of the economic crisis. Specifically:…
The July 2021 Visa Bulletin sheds some light on the advancement of Final Action Dates. NOTE: The monthly YouTube livestream “Chats with Charlie” in which Charles Oppenheim discusses the visa bulletin for the upcoming month was scheduled for June 18, 2021. As of the publication of this blog, that livestream has not yet been made…
The Equal Access to Green cards for Legal Employment (EAGLE) Act of 2021 (H.R.3648) is a bipartisan piece of legislation which was introduced in the U.S. House of Representatives on July 1, 2021. The goal is to eliminate the per-country limit for employment-based green cards and increase the per-country limit for family-sponsored green card petitions….
Underlying Petitions That Support an I-485 Adjustment of Status Application Obtaining a green card in the United States is no easy task. The paperwork alone is voluminous and can be complicated without the help of a legal professional. Individuals who seek to adjust their immigration status to become lawful permanent residents (green card holders) must…
Below is a summary of the various scenarios that may impact the status of an H-1B holder if they experience employment termination as they move through the process of PERM labor certification, I-140 petition, and I-485 application. The 180-day rule comes into play only once the I-140 petition has been approved. It is important to…
COVID-19 has made traveling outside the U.S. a bit more complicated. In addition to the specific rules about the time a Lawful Permanent Resident (LPR) can be outside the U.S., the pandemic has made staying within those guidelines trickier. Lockdown orders and cancelled flights are just some of the ways your short trip outside the…