Interfiling Versus Filing A New I-485 In Order To Switch Employment Categories

This article has been updated, please visit the link below: https://patel-law-group.local/how-to-make-an-interfile-request-to-switch-employment-categories/ By now most people are familiar with the concept of filing a downgrade application from EB-2 to EB-3.  However, last October so many applicants filed downgrades, that the demand for EB-3 green cards, has far exceeded the number available, resulting in severe retrogression, especially...

The White House recently announced the lifting of the travel ban, which has barred tens of thousands of foreign travelers from entering the U.S.  Instead, the U.S. will require foreign travelers to provide proof of vaccination prior to departure. Our original article on this can be found at: https://patel-law-group.local/biden-administration-to-lift-travel-ban-and-allow-vaccinated-travelers-to-enter-the-u-s/ Further details of the new travel...

The November visa bulletin was just released and has left many applicants disappointed, especially those who filed a downgrade from EB-2 to EB-3. However, this was to be expected, based on Charlie Oppenheim’s comments during his last YouTube video, as well as the comments at the bottom of last month’s visa bulletin. Charlie confirmed, during...

USCIS processing times continue to increase for the majority of applications and have only been made worst by the ongoing pandemic, resulting in the agency being heavily understaffed.  This is especially true for H-4 and L-2 EAD applicants.  Because of the long processing times and the fact that these categories of work authorization are not...

For the past 18 months, COVID-19 had wreaked havoc all over the world and has limited the entry of certain travelers into the U.S. With Consulate closures and travel bans, entering the U.S. has been particularly difficult for non-immigrants, especially those who require visa stamping. With limited appointments available and often the need to apply...

Another action by USCIS demonstrates that current processing times are becoming increasingly protracted. Effective September 4, 2021, USCIS announced that to accommodate current processing times for I-751 and I-829 petitions, they are increasing the validity of the receipt notices from 18 months to 24 months. Applicants who obtain a green card through a marriage where...

Last year’s October visa bulletin saw significant forward movement in dates, especially for EB-3 India, because of the large number of additional employment-based visas that were left over from the family-based preferences.  However, this year’s October visa bulletin is far less impressive.  See the link below: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2022/visa-bulletin-for-october-2021.html At the start of each fiscal year, USCIS...

Many applicants filing for an H-1B, under the previous administration, had to contend with difficult Requests for Evidence, followed by erroneous denials.  According to the National Foundation for American Policy (NFAP), a nonpartisan policy research group, the denial rates for H-1B petitions for initial (new) employment was as follows: 24% in FY 2018; 21% in...