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 for EB-3 India. In November 2021, EB-3 India dates retrogressed by...

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The Department of Homeland Security (DHS) has now agreed to a settlement after the American Immigration Lawyers Association (AILA) and Partners, filed a Federal Lawsuit claiming, that the prohibition on qualifying H-4 and L-2 applicants benefits from the 180-day extension, was unlawful. For details of our original article please click the following link: https://patel-law-group.local/aila-files-lawsuit-claiming-h-4-and-l-2-ead-should-qualify-for-180-day-automatic-extension/ The...

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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...

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Having previously written two articles on Day 1 CPT (Curricular Practical Training) I keep being asked whether I would recommend Day 1 CPT and what are the potential consequences of taking it. If you haven’t read my previous articles, please find the links below: https://patel-law-group.local/why-day-1-cpt-is-not-a-good-idea-and-can-cause-more-problems-than-it-solves/ https://patel-law-group.local/day-1-cpt-revisited/ Please note that the first article was written during...

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The length of time for adjudication of petitions through USCIS continues to increase despite a new administration and new leadership of USCIS in the form of Alejandro Mayorkas. On March 22, 2021 the American Immigration Lawyer’s Association (AILA) filed a class-action lawsuit against the Department of Homeland Security (DHS), specifically in relation to the long...

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COVID-19 has taken its toll on the labor market, resulting in millions of people losing their job.  Unfortunately for those on a nonimmigrant visa such as an H-1B, the clock starts ticking on their last day of work.  H-1B holders generally have 60 days or until the end of their authorized stay, whichever is shorter,...

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