immigration.com

Laid off - Now what ???

Mon, 30 Apr 2012 10:23:00 -0500

The following question was raised by one of our clients at http://www.forclients.com � our clients-only extranet. Note that I will be working to expand and edit this article further over the next few weeks. Regards to all. Rajiv.

Qo. Current economy is making lot of people sleepless. We have heard about a lot of layoffs around the state and nation. Could you please explain us what are the options we have, if a person with H1-B (6year extension) EAD and I-485 pending in this situation.
Ans. This is most certainly a very important topic and relevant for everyone. I will address the various issues raised in

Priority date retrogression -- consequences and concerns

Fri, 23 Mar 2012 23:47:00 -0500

The current prediction that the priority dates for employment based green card applications are likely to retrogress again has brought a lot of speculation and questions from our clients and our community. Let me clarify some of the questions and concerns.

Q. What happens if my priority date (�PD�) retrogresses while my I-485 is still pending?
A. There are two possibilities. First, the case is not yet ripe for adjudication (for instance, it has not been assigned to an officer or the security clearances are not yet submitted or obtained), USCIS can shelf the case and not process it any longer untile the PD becomes current again. Second, USCIS can �preadjudicate� that case. That means the case is adjudicated and then shelved for

May B-1/B-2, E-1, E-2, F-1, H-1, J-1, L-1 O-1 visa or TN holder apply for green card?

Wed, 07 Mar 2012 06:08:00 -0600

One of the questions I am asked quite frequently is whether or not an E-1/E-2 visa holder can apply for a green card and not jeopardize his or her E status. The answer is PROBABLY yes he can.

In the E visa context, this is what the govt says:

9 FAM 41.51 N15 INTENT TO DEPART UPON TERMINATION OF STATUS
(TL:VISA-404; 04-29-2002)
An applicant for an E visa need not establish intent to proceed to the United States for a specific temporary period of time.