You may now pay I-140 Premium Processing via Credit Card

On July 20, 2021, The Nebraska Service Center (NSC) will start accepting credit card payments using Form G-1450 for petitioners filing Form I-140, Immigrant Petition for Alien Workers, with Form I-907, Request for Premium Processing Service, or when filing Form I-907 to upgrade a pending Form I-140 to premium processing.

Policy updates: Expedited processing clarifications; No denial without RFE; Some EADs will be issued for two years

On June 9, 2021, USCIS issued policy updates to improve the immigration system. Improvements are expected to continue under the Biden administration. USCIS is committed to modernizing the immigration system and operating it in a fair, efficient, and humane manner. Expedited Processing USCIS provided further guidance on when expedited processing may be warranted. Please see our post regarding...

USCIS Will Offer Relief to Those Impacted by Delays at USCIS Lockbox

Update June 18, 2021 If you have experienced a delayed rejection of your immigration filing which you are unable to refile due to no longer being eligible for the immigration benefit requested, please pay attention to the current flexibilities offered by USCIS. These filing flexibilities are effective for 60 days from June 10, 2021, until August 9, 2021. Refiling Eligibility You may refile your...

Check your I-94 as soon as you arrive: CBP may not have given you the maximum duration of stay

When working on a beneficiary's H-1B extension, I-140, or I-485 filing, we would send a checklist to the beneficiary listing information and documents that we need to prepare the petition or application. One of the items listed is a copy of the most recent I-94. We often encounter a situation where the beneficiary is shocked to find out that their I-94 has already expired after downloading it...

Perpetual H-1B? Almost

Seasoned H-1B status holders are familiar with the regulations that allow them to extend their stay beyond the standard 6-year maximum period. We regularly see H-1B workers from India who have been in H-1B status for well over 10 years. Section 104(c) of AC21 provides that DHS "may grant" a three-year H-1B extension beyond the six-year maximum if the H-1B worker has an approved I-140 petition,...

Finally – USCIS is Reverting Back to Pre-Trump Policy of Giving Deference to Prior Determinations

Great news for petitioners and beneficiaries of H-1B and other nonimmigrant work categories. USCIS just announced that it has revised its policy manual and reverted back to the previous practice of giving deference to prior determinations when adjudicating extension requests. This totally makes sense. Why challenge an extension when the underlying facts have not changed and in most cases have...

I-485 Processing Update

Update July 30, 2021 We received EAD / AP approval on 07/17/2021 for an employment-based I-485 filed on October 27, 2020. The applicant completed biometrics on March 18, 2021. PD: 07/22/2010 India EB2 Applicant's wife had requested expedited processing of EAD / AP and received her approvals a month earlier in June. Update July 27, 2021 When you receive your I-485 supplement J receipt notice, the...

USCIS is Responding Quickly to Service Request Inquiry

Update May 4, 2021 Since January of last year, we have seen an uptick in typos and errors on official notices. We've caught errors almost every month which suggests the trend will continue. Errors include name misspellings, wrong priority date, wrong DOB, missing A#, and wrong EB category (EB1 instead of EB2). We will create a new post to track these ongoing errors. It is important to look at...

I’m in H-1B Status and Just Got Laid Off. What are My Options?

We often receive inquiries from clients and first-time callers who just got terminated or have been informed about their last day. Many of them hope for a quick fix but fail to grasp the reality of what is ahead. Only after expectations are properly calibrated, may they begin to effectively plan for their next steps. This article serves to provide a broad overview of some of the most common...