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New USCIS Policy Creates I-140 Revocation Notice Rights to AC21 Porting Beneficiaries; Requires Proactive AC21 Porting Filing

By |2017-12-07T10:05:46-05:00December 7th, 2017|AOS, Articles, Employees, Employers, I-140, I-485, News, News Alert, Policy|

In a November 11, 2017 Policy Memorandum, USCIS has formally adopted a recent AAO decision in Matter of V-S-G Inc. and has provided guidance on its impact on AC21 beneficiaries where the underlying I-140 immigrant petition is being revoked.   The new policy memorandum states that beneficiaries who have properly ported their green card process to [...]

Appeals Court Creates Right of I-140 Revocation Notice to New AC21 Sponsor Employer

By |2017-05-20T21:47:04-04:00August 18th, 2016|AOS, Employers, I-140, I-485, News|

In an August 3, 2016 opinion, the U.S. Court of Appeals for the Seventh Circuit held that in situations where beneficiaries of I-140 petition have ported their I-485 adjustment of status application to a new employer pursuant [...]

US Appeals Court Creates a Notification Right to Affected Parties Prior to I-140 Revocation

By |2017-05-20T21:47:07-04:00January 10th, 2016|Articles, I-140, I-485, News|

In a December 30, 2015 opinion, the Second Circuit Court of Appeals has handed a decision (Mantena v. Johnson) which requires USCIS to provide notice of its intent to revoke an immigrant I-140 petition to certain [...]

I-140 EAD/Job Portability Final Rule Released – Analysis and Overview of the Upcoming Changes and System Fixes

By |2017-05-20T21:47:03-04:00November 17th, 2016|AC21, I-140, News, News Alert|

The Department of Homeland Security (“DHS”) has just released the final text (also copy of Federal Register version) of the rule seeking to improve certain aspects of the employment-based immigration system.  The new rule [...]

I-140 Portability/EAD Draft Rule Released – Analysis and Overview of the Proposed Changes and System Fixes

By |2017-05-20T21:47:07-04:00January 10th, 2016|Articles, H-1B, I-140, Immigration Reform, News, News Alert|

On November 17, 2016, USCIS released the final version of this rule. On December 31, 2015 USCIS released a draft of the proposed and long-awaited rule seeking to improve certain aspects of the employment-based [...]

Layoffs and Options for Terminated Nonimmigrant Workers and Options and Responsibilities for Their Employers

By |2023-11-09T10:11:24-05:00December 20th, 2022|Articles, Employees, Employers, News, News Alert|

Layoffs and termination of employment is almost always a difficult process for both the employer and the impacted employee.   This is especially true for workers who are foreign nationals whose nonimmigrant status in the U.S. is [...]

How to Port and Retain a Pending I-485 to a New Employer Under AC21 – I-485 Supplement J

By |2024-01-29T17:00:51-05:00April 15th, 2021|AC21, Articles, I-485, News|

With many applicants filing (or having filed) adjustment of status (I-485) applications, especially in the EB-2 and EB-3 India and China categories, and due to the fact that there are many I-485 [...]

H-1B Cap Lottery Lawsuit Allowed to Proceed

By |2017-05-20T21:47:04-04:00September 29th, 2016|Articles, Employers, H-1B, News|

Many of our readers are aware of the way first-time H-1B work visas are allocated – via a random lottery conducted as part of each year’s H-1B cap filing season in early April.    The way the lottery is conducted has been kept secret and [...]

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