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Teleconference: Filing Rush I-485s / Employer’s Perspective

Wed, 10/07/2020 - 21:40

The October 2020 Visa Bulletin, future predictions for the Visa Bulletin, and documentation required to file an I-485 application are the NEW topic of discussion for October’s teleconference. Employer specific issues such as I-140 EB2 to EB3 downgrade cases and future employment will also be discussed. (This teleconference topic has been changed in light of the October 2020 Visa Bulletin.)

Employers and their representatives are invited to participate in the October 07, 2020 teleconference – another in this series designed especially for them. Find out how to register here.

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Teleconference: Recap of Trump Policies

Wed, 10/07/2020 - 21:00

A recap of the Trump Administration’s policy changes with employment-based immigration is on tap just ahead of November’s election. Sheela Murthy leads this discussion with other Murthy Law Firm attorneys of the Administration’s ever-changing policies and their immigration impacts and consequences on businesses.

Employers and their representatives are invited to participate in the Oct 07, 2020 teleconference – another in this series designed especially for them. Find out how to register here.

The post Teleconference: Recap of Trump Policies appeared first on Murthy Law Firm | U.S Immigration Law.

Requirements to Vote in U.S. Elections

Tue, 09/29/2020 - 14:25

Many MurthyDotCom readers have applied for or obtained naturalized U.S. citizenship. The opportunity to participate in the 2020 presidential election will be the first time many of these new citizens will have the privilege of voting in the United States. However, there are steps that must be taken after becoming a U.S. citizen in order to become eligible to vote.

Registration Required Prior to Voting; Deadlines Vary by State

A U.S. citizen must register with the appropriate state agency in order to become eligible to vote in state and federal elections. Each state has different requirements and deadlines for this process. It is important to check the guidelines in one’s state of residence and to be mindful of the corresponding deadlines. The U.S. Election Assistance Commission (EAC) provides a variety of resources to voters, including links to voter registration information for each state.

Voting Locations May Change

Voters should be sure to verify the proper voting location or poll. While each state has many different voting locations, typically, voters are only permitted to cast their respective ballots at the specific voting place assigned to them. These locations change from time to time, and there may be reassignment of polling locations as populations shift and needs change, particularly this year in light of the pandemic. If there are questions about where one is supposed to vote, the EAC website can provide this information, as well.

Only U.S. Citizens May Vote

Voting in federal and state elections is a privilege reserved exclusively to U.S. citizens. There are serious immigration penalties for foreign nationals who falsely claim to hold U.S. citizenship. Voting, or even registering to vote, by permanent residents or other non-citizens can lead to immigration and other legal complications.

Conclusion

Voting is an important civil right, and often one of the key motivators for becoming a U.S. citizen. It would be unfortunate to miss this vital opportunity to impact our country’s future due to a failure to register to vote in time. Murthy Law Firm attorneys are available to provide guidance on becoming a U.S. citizen and for representation in naturalization cases. Individuals considering naturalization may contact our firm.

 

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NewsFlash! USCIS Now Says to Use Dates for Filing Chart for Employment-Based Cases!

Thu, 09/24/2020 - 23:29

Moments ago, the U.S. Citizenship and Immigration Services (USCIS) reversed course and updated its announcement to allow for use of the more-favorable dates for filing chart in October!

 

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NewsFlash! Must Use Final Action Chart for Employment-Based Cases in October

Thu, 09/24/2020 - 22:52

Shortly after this announcement the USCIS reversed itself. See the updated information here!

—–

Regrettably, the U.S. Citizenship and Immigration Services (USCIS) has announced that only the less-favorable final action dates in the October 2020 Visa Bulletin may be used for purposes of filing an I-485 adjustment of status application. The dates for filing chart may be used for most family-based cases.

 

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My PERM is approved, and my priority date is current in October, but my I-140 is still pending. Do I have to wait for the I-140 to be approved before I can file my I-485?

Thu, 09/24/2020 - 21:12
Answer

No, there typically would be no need to wait. Under normal circumstances, if the priority date is current, it is possible to file an I-485 while the I-140 is still pending. (24.Sep.2020)

Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.

 

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The post My PERM is approved, and my priority date is current in October, but my I-140 is still pending. Do I have to wait for the I-140 to be approved before I can file my I-485? appeared first on Murthy Law Firm | U.S Immigration Law.

My I-140 priority date is current, but I am not in the U.S. Can I still file my I-485? If so, do I file it at the consulate?

Thu, 09/24/2020 - 21:08
Answer

Generally speaking, one must be in the United States in valid status to file an I-485. Otherwise, one typically would apply for an immigrant visa at a U.S. consulate.

An I-485 is not used when applying for an immigrant visa at a consulate. Depending on the circumstances, it may be necessary to file form I-824 with the USCIS to convert the case from adjustment of status to consular processing. (24.Sep.2020)

Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.

 

Copyright © 2020, MURTHY LAW FIRM. All Rights Reserved

The post My I-140 priority date is current, but I am not in the U.S. Can I still file my I-485? If so, do I file it at the consulate? appeared first on Murthy Law Firm | U.S Immigration Law.

Can I file my I-485 under the October 2020 Visa Bulletin based on the dates for filing chart?

Thu, 09/24/2020 - 21:05
Answer

UPDATE 2: The USCIS has changed its announcement, and is now allowing for use of the more-favorable dates for filing chart for employment based cases!

UPDATE: The USCIS has now announced that only the less-favorable final action chart my be used for employment-based cases in October. (24.Sep.2020)

The USCIS will announce whether the dates for filing chart (i.e., “Chart B”) can be used for family- and/or employment-based cases in the near future. This information will be posted here on the USCIS website. We will also post this information on MurthyDotCom as soon as we get the word from the USCIS. (24.Sep.2020)

Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.

 

Copyright © 2020, MURTHY LAW FIRM. All Rights Reserved

The post Can I file my I-485 under the October 2020 Visa Bulletin based on the dates for filing chart? appeared first on Murthy Law Firm | U.S Immigration Law.

NewsFlash! USCIS Proposes Eliminating D/S on I-94s for F, J, and I Visa Categories

Thu, 09/24/2020 - 19:09

Today, the U.S. Citizenship and Immigration Services (USCIS) proposed eliminating the D/S (“duration of status”) designation routinely issued on I-94s for nonimmigrants in F, J, or I status. If the proposed regulation is enacted, I-94s for these categories would instead be issued with a set end-date, as is typical for nearly all other nonimmigrant visa categories. For those entering in F or J status, the I-94 could be issued for a maximum period of 4 years, or 2 years, if the person is enrolled in a 2-year program. The I-94 may also be granted with a grace period to prepare for departure or apply for extension or change of status. MurthyDotCom will post a more detailed summary of this proposed rule in the near future.

 

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The post NewsFlash! USCIS Proposes Eliminating D/S on I-94s for F, J, and I Visa Categories appeared first on Murthy Law Firm | U.S Immigration Law.

October 2020 Visa Bulletin

Thu, 09/24/2020 - 17:42

The U.S. Department of State (DOS) has finally released the October 2020 Visa Bulletin, which is the first visa bulletin of fiscal year 2021 (FY21). The visa bulletin also includes some encouraging predictions for coming months. All cutoff dates listed refer to the dates in the final action (FA) chart, unless otherwise specified.

Visa Bulletin Summary Employment-Based, First Preference (EB1) Category

The cutoff dates for both EB1 India and EB1 China advance to June 1, 2018. EB1 remains current for all other countries of chargeability.

In the dates for filing (DF) chart – commonly referred to as Chart B – both dates are set at September 1, 2020. The USCIS has not yet announced whether the DF chart may be used in October for purposes of applying for adjustment of status (form I-485).

Employment-Based, Second Preference (EB2) Category

The EB2 category remains current for all countries of chargeability except India and China. EB2 India moves up to September 1, 2009, and enjoys a May 15, 2011 cutoff date on the DF chart. EB2 China advances to March 1, 2016, while its cutoff date on the DF chart is set at October 1, 2016.

Employment-Based, Third Preference (EB3) Category

The cutoff date for EB3 India moves forward to January 15, 2010. Incredibly, it has a January 1, 2015 cutoff date on the DF chart! But, again, unless the USCIS allows for use of the DF chart in October, this will not provide a direct benefit to most Indian applicants.

EB3 China’s cutoff date is set at July 1, 2017, with a June 1, 2018 date on the DF chart. EB3 is current for all other countries of chargeability.

EB3 Other Workers

With the exception of China, the cutoff dates for EB3 other workers are the same for each country as its respective EB3 cutoff dates. For China, the cutoff date for EB3 other workers progresses to December 1, 2008.

Employment-Based, Fourth Preference (EB4) Category

The cutoff date for EB4 Mexico moves forward to September 1, 2018. Meanwhile, the cutoff date for El Salvador, Guatemala, and Honduras moves to August 1, 2017. This category remains current for all other countries of chargeability.

Employment-Based, Fifth Preference (EB5) Category

The cutoff date for EB5 China remains at August 15, 2015. EB5 Vietnam also remains unchanged, at August 1, 2017. EB5 remains current for all other countries of chargeability.

Predictions

As explained in the visa bulletin, all cutoff dates “…have been advanced at a very rapid pace, in anticipation of the [FY21] annual limit being approximately 261,500, an all-time high.” Further, the DOS expects that the cutoff dates for China and India in the EB1, EB2, and EB3 categories will continue to experience “rapid forward movement” for the next three months.

Conclusion

MurthyDotCom will continue to closely monitor and report on movement and predictions related to the monthly visa. Subscribe to the free MurthyBulletin to receive weekly updates on this and other immigration matters in your inbox.

 

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