Expediting a Pending I-765 EAD

Update 6/11/2021 USCIS has clarified the circumstances under which it will consider expedited requests (ER). NBC is processing expedited request (ER) of EADs very quickly. Call USCIS customer service for ER and ask to speak to Tier 2 officer. Tier 2 will call back in a week or so. Provide financial loss docs. Most are approved without any docs. If doc is requested, some examples include a letter...

I-485 EB Processing Update

Update June 19, 2023 Here's a recent approval of an I-485 filed in July 2021. Took almost 2 years. Update January 25, 2023 According to February's visa bulletin, it seems like the F2A category will no longer remain "current." If you are a dependent whose I-485 did not get approved with the principal's I-485, you may consider F2A and have the principal file an I-130 on your behalf. It's difficult...

Another Chance to File I-485 after Rejection

Great news for those whose I-485s were rejected after many months of waiting caused by delays at USCIS and USPS postal. USCIS has been sending invitations to some applicants to re-file after their previously filed I-485s (filed between 10/01/2020 and 12/31/2020) were rejected due to incorrect responses to Item Numbers 9.a, 9.b, 9.c, or 10. Below is a sample invitation notice to refile. Note that...

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...

Can TPS Recipients Apply for Adjustment of Status?

In order to pursue adjustment of status and become a lawful permanent resident (LPR), an applicant must in addition to meeting other requirements have been properly "inspected and admitted or paroled" into the United Sates. Otherwise, the applicant cannot apply for Green Card inside the U.S. A TPS recipient have lawful status in the U.S. given the TPS designation but oftentimes they obtained TPS...

USCIS Receipt Delays and Its Impact on Employment Verification

As we have been posting recently, USCIS is experiencing record delays in issuing receipt notices of various applications. We just finally received all receipt notices in connection with I-485 employment based applications in October 2020 (a 4 month wait!). It does not seems like the situation is improving as we are continuing to receive various receipt notices that are 2 to 3 months late. The...

USCIS Receipt Notice Update: Final Two I-485 Receipt Notices Received (4 months late)

Update April 2, 2021 We are now receiving EAD/AP approvals from I-485 EB applications filed in October. USCIS processing time for EAD and AP have also been updated recently to reflect the current processing timeframe. You may initiate service inquiry if EAD/AP is pending outside of the posted time frame. Update March 18, 2021 We have now received a substantial number of Biometrics Appointment...

What Happens to My Pending H-1B Extension After My Green Card is Approved?

The answer should be fairly straightforward. But USCIS has not always been consistent in adjudicating similar cases. They are supposed to follow the "last action" rule. Once GC is approved, then the beneficiary becomes a lawful permanent resident from that point onwards. The pending H-1B extension may be approved but only up to the day before GC approval. But the varying adjudication outcomes...

Should I Keep My H-1B After Filing for I-485?

This is one of those questions where the answer may seem obvious at first glance but it is difficult to answer without elaborating. When you submit your I-485 application, you are at the final leg of the years-long journey to permanent residency in the U.S. As part of the green card application package, you may also submit I-765 (EAD) and I-131 (advance parole) together with your green card...

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

Update, December 8, 2022 Considerations from the employer's perspective when terminating a foreign worker.  Original Post, February 15, 2021 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...