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This issue has come up several times. Here is what USCIS says:

USCIS Considerations to expedite Cases

All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The criteria are as follows:

* Severe financial loss to company or individual
* Extreme emergent situation
* Humanitarian situation
* Nonprofit status of requesting organization in furtherance of the cultural ...

A client asked me today: Can a PERM case be filed through a company that is owned or controlled by a relative of the beneficiary?
The answer is yes, BUT, the case is likely to be very closely scrutinized and may even require supervised recruitment. That means, USDOL will most likely ask us to place advertisements again under their direct supervision. So, we could end up repeating the advertising. This could cause delays (and of course even denial).
This question had come up a few ...

Attached Files

• Ltr_Clarification_Familial_Relationship.pdf (2.16 MB, 598 views)
• 2008Familial Relationship DOL opinion.pdf (103.0 KB, 568 views)

What is AC21 Portability?
In the context of AOS (I-485), this is that provision of law which permits an employment-based AOS applicant whose I-485 has been pending for more than 180 days and whose I-140 has been approved to change jobs anywhere in USA to same or similar job describe in their green card application.
There is a lot to discuss, but I am focusing the answers to the questions I most frequently encounter. I will continually edit this blog note with additional information ...

Attached Files

• Memo_Yates_05_2005.pdf (387.5 KB, 1295 views)

I think the following information my be applicable to many. One of our community members is facing this situation.

He says:
I had accepted an offer of employment from a well established Indian Consultancy company last year in the month of June 2007. I was given the pre approved labor and they filed I 140 and 485, EAD, AP during that Visa bulletin fiasco last year. I got EAD and AP for both me and for my wife. My I 140 approved from TSC last month. Now I have a better opportunity. ...

Here is a set of questions from one of our community members. This set of questions comes up quite often so I am posting here. Regards to all. Rajiv.

Facts
I am on an L1 visa working for employer A and my wife is on L2-EAD. We both applied for H1 visa through Employer B and it got approved recently.

I am not sure if Employer B (Consulting Company) has applied for COS while applying for both of ours H1 visa.

Could you answer the following queries ...