USCIS posts alert and creates inflated expectations over EB I-485 applications

Update 05/17/2022 USCIS is now showing new case status updates relating to pending I-485. Specifically, it will now tell you if your I-485 is put on hold due to visa number retrogression. The crazy part is that the update for this case is incorrect. We had filed a request to transfer the underlying basis from EB3 to EB2 and have already received the I-485 J receipt (see earlier update). Visa...

I-140 Processing Time

Update 12/06/2021 We have some more sample approvals showing straight approvals in about 5 months at the Texas Service Center. For petitions involving RFE, the total processing time will be longer. We have received an approved I-140 that took about16 months. This particular I-140 also involved a "lost" RFE response which added to the total processing time. See related post: USCIS May Lose Your...

I-140 Processing Update

We are starting a post to give everyone a sense of the processing timeframe for I-140 petitions by showing some sample approvals. Below is an I-140 EB2 filed in October 2020 at the TSC. It was approved on 09/09/2021. In August, we received an I-140 EB3 approval on 08/31/2021 which was filed at TSC on 06/03/2021. This was fairly quick which took just under 3 months. On the slow end, we also...

EB1a, Aliens of Extraordinary Ability (2021)

Since March of 2021, visa numbers have been current for Chinese or Indian nationals filing for green card under the employment-based first preference (EB1) category. This means that an applicant may file their green card applications (I-485) concurrently with their I-140 petition instead of waiting 3 to 10 years for visa number availability under second or third preference categories. The...

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.

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,...

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...