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...

CIS Ombudsman Provides Case Assistance on Receipt Delays, Biometrics Appointment, EAD delays

The CIS Ombudsman has issued an update regarding its services for case assistance. Receipt Delays If more than 90 days have passed since you filed a petition/application with USCIS, you may submit a request for case assistance with the CIS Ombudsman, and our office will reach out to USCIS to resolve your issue. If less than 90 days have passed since you filed a petition/application with USCIS,...

Update on the Receipt Notice Delays

Due to significant visa number movements in October 2020 which opened the door to a record influx of Green Card applications and the ongoing Covid Pandemic, USCIS has been slow in issuing receipt notices of petitions and applications. Even to this month, we have been receiving receipt notices for I485, I765, I131 that were filed in October 2020 although only a few remain outstanding. The...