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Attorney_6

Attorney
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Everything posted by Attorney_6

  1. Attorney_6

    President Obama's Immigration Plan

    PG28, An EAD does not provide status. The EAD provides work authorization and is typically based upon holding a particular status or having a type of case (like I-485) pending. Thus, even if an H4 becomes eligible for an EAD, it will still be necessary to keep H4 status. The H4 status remains necessary in order to stay legally in the U.S. and to be eligible for the EAD (once the regulations are in place for that benefit.)
  2. Right, it is necessary to qualify for the requested benefit at the time of filing. It is not enough to ask for a start date which will be after the 1 year point. Unfortunately, this places yet another hurdle in front of those who are trying to return to the US in H1B status based upon the one year abroad provision.
  3. Attorney_6

    President Obama's Immigration Plan

    H1Seeker, We aren't anticipating that people with I-140s would be allowed to get EADs just based upon the I-140. That would take a change in regulation. The same result, essentially, would occur with what has been referenced with respect to I-485 filings--ie some mechanism for filing I-485s earlier (and, thus, becoming eligible for an EAD based on the I-485 earlier.) So far, there are no proposed regulations on these matters.
  4. Attorney_6

    President Obama's Immigration Plan

    H1, This is very difficult to balance, since there is no clarity as to what changes may happen exactly, and when such changes may occur. Thus, the best I can come up with when advising on this topic is to simply weigh out the worst case in either scenario. Essentially, what would be worse-- a) Staying in the current job, missing out on the new opportunity, and, then, nothing changes in terms of the ability to file the I-485 earlier, or b) Changing to the new job, having to start the PERM all over again etc. and, then, missing out on the ability to file the I-485 earlier if something does change? I also think that it is important to consider the amount of waiting time expected for the PD to become current for the individual under the existing system.
  5. Attorney_6

    President Obama's Immigration Plan

    Pragmatic, There is no anticipated change in AC21 law. What is potentially going to be issued are long-awaited regulations relating to AC21 and job flexibility. No time frame set.
  6. Attorney_6

    President Obama's Immigration Plan

    Pragmatic, It is expected that the cut off dates for EB2 India will advance in June/July 2015----and, perhaps even somewhat earlier, according to recent DOS information. This will allow the USCIS to approve qualified I-485 cases which have already been reviewed, preadjudicated and are just awaiting a visa number. Have to wait and see what happens with the cut off date movement and how quickly they are used up.
  7. Attorney_6

    Travel with I-485 Pending

    This week, the attorneys at the Murthy Law Firm will answer questions about travel for individuals who have pending form I-485 (application for adjustment of status) cases. RULES FOR TOPIC OF THE WEEK THREADS: Attorney’s postings contain general information only and are not a substitute for case-specific legal advice. The attorney will answer only those questions that relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate section of the forum. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions. Please do not include information that would identify any specific company, university, or individual (including yourself).
  8. Attorney_6

    Travel with I-485 Pending

    Glad it all worked out!
  9. The DOL deals with LCA violations, but there are general protections in the law that cover all workers with respect to receipt of their pay. The last paycheck is often a problem area. Look for some information for the specific state to see about state law worker protections. In some states, employers can be penalized for failure to give the last pay, so that there is an incentive not to be tempted to shortchange workers. I have seen some that allow recovery of 3x the value of the missing pay.
  10. Attorney_6

    AOS filed July 2014

    AOS14, Once the visa numbers become available for the particular priority date, it is possible that the case could be approved early in the month. I-485s are all reviewed and processed, even if the dates aren't current. They are "pre-adjudicated" and just waiting for the Department of State to release a visa number for the particular case. There is not necessarily any more decision making required from the USCIS at that point, as the case was previously reviewed. However, all of this depends on how long there is between the filing of the I-485 and the time the PD becomes current. If enough time elapses, the medical will expire and the USCIS will have to send an RFE. That will request the medical, as well as updated employment information etc.
  11. Helpful, While it is too early to know what form the changes will take, it is best to operate based upon the current rules. Thus, under the current rules, it is necessary to refile the PERM etc. when one leaves the GC sponsoring employer before reaching the I-485 stage. Don't lose valuable time hoping for changes that are uncertain. Move forward with the new GC case rather relying on the unknown.
  12. Attorney_6

    New H1B visa 2015

    The answers given above are correct. In order to qualify for an additional six years of H1 time, it is necessary to be outside of the US for a year. Those cases are cap subject. Qualification requires being outside of the U.S. for a year at the time the H1 case is filed. It is not enough to anticipate being outside for a year or more by the (October 1) start date of the H1. Thus, in this example, departure in July 2014 means that a case can not be filed against the cap in April 2015, even though the start date requested would be October 1, 2015.
  13. Attorney_6

    PERM audit after I-140 approval though NIW?

    Ctorvi, The PERM case is entirely separate from the NIW case. The audit is not connected to the NIW I-140 approval or qualification for H1 extension based upon the NIW I-140 approval. So, it should not create a problem.
  14. Attorney_6

    Travel with I-485 Pending

    The lawyer who filed the case should be able to make the expedite request at the local USCIS office. Look over the expedite criteria on the USCIS website to get an idea of what is required.
  15. Attorney_6

    President Obama's Immigration Plan

    Travelabc, The regulation is expected in December or January.
  16. Whether or not a new PERM is required depends upon how the change was structured. Generally, GC cases are employer specific. So, if there is a change in company, the case has to start all over. However, there are exceptions when the new company is a successor in interest to the old company. This depends on how the merger/acquisition/spin off was structured. If structured as a successor for immigration purposes, it is not necessary to refile the whole GC case. In that event, it is only necessary to refile the 1-140. .
  17. Right. The President can not just make this change. It requires a new regulation. There is no set time table for moving forward with this change. We will keep updating MurthyDotCom as we get more information. Obviously, this would be a HUGE change, so we will be tracking any developments closely.
  18. Attorney_6

    APPLY EAD based on DAPA

    There seems to be confusion due to the multiple parts of the executive action. All the things mentioned in this thread, DAPA, H4EADs, changes in visa bulletin regulations (to allow for earlier I-485 filings) are separate. While it is all part of the larger program of immigration reform through executive action, it is important to understand that this is not just one, single, program or change. Don't confuse the various parts of each item. We have articles on MurthyDotCom that will help readers gain a better understanding. More articles will be published in time, and as we get clarifications.
  19. Attorney_6

    Holiday Travel

    The H1 visa remains valid for travel through expiration. It is not limited to the particular employer (even though that employer's name is on the visa.) A person is allowed to travel with the (valid, unexpired) visa from company "A" and the H1 petition approval from company B.
  20. Attorney_6

    Travel with I-485 Pending

    There are (limited) situations in which an employer can legally require an LPR or USC employee. If there is a risk of job loss due to slow GC processing, it is potentially possible to request that the decision be expedited.
  21. Attorney_6

    Travel with I-485 Pending

    Latoo, People with I-485s pending can travel on AP and, if all went well in the adjustment interview, the GC may just get approved soon. It is not clear why a promotion requiring a GC/Citizenship was given to a person who does not yet have a GC. There are restrictions on employers from requiring specific immigration status rather than simply authorization to work and ability to do the job. Just have to work things out with the employer, since it appears that the job can be performed just as well on an EAD/AP....
  22. Attorney_6

    President Obama's Immigration Plan

    I think it is very important for people to understand that there is not just a single "executive order." While there IS an executive order, that has to do with undocumented foreign nationals and the DAPA program. The timeline for that is what BS42 cut/pasted from the USCIS website. What has happened is a more comprehensive series of "executive actions" through which the president is seeking to make multiple changes to the existing immigration system. Unlike DAPA, it is agreed that many of these changes can not just be ordered by the president. These numerous changes require steps---often issuance of regulations---by the Department of Homeland Security, Department of State and/or the Department of Labor. That is why there are not immediate changes to the matters that are most important to our clients/readers. That is also why the time lines and details are not available---only basic outlines and concepts. We will provide updates as information becomes available.
  23. Attorney_6

    President Obama's Immigration Plan

    Newbie, With respect to the explanation by AILA regarding what is meant by visa bulletin changes etc. in the DHS' memorandum on executive action related changes, this is not an "interpretation." Presumably, it is based upon high level, discussions with key government officials. There is nothing in the memorandum that sets out a specific plan regarding the visa bulletin and I-485 filing changes, but, it is not just speculation on AILA's part. AILA has established relationships that provide access to such information. However, such changes would require issuance of regulations. Thus, there is no set time table at this point.
  24. Attorney_6

    EB2 Retrogression

    The executive ACTIONS do have important items for non-immigrants/EB immigrant candidates. But, some of these intended actions which would help those awaiting visa numbers will require regulatory changes. We will be posting more on MurthyDotCom shortly and providing updates and analysis as this moves forward.
  25. Attorney_6

    EB2 Retrogression

    Many people have questions about EB2 India Retrogression in the November Visa Bulletin. This week, Murthy Law Firm attorneys will answer questions related to the impact of retrogression and options for those faced with retrogression-related delays. RULES FOR TOPIC OF THE WEEK THREADS: Attorney’s postings contain general information only and are not a substitute for case-specific legal advice. The attorney will answer only those questions that relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate section of the forum. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions. Please do not include information that would identify any specific company, university, or individual (including yourself).
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