The conventional wisdom on the Internet holds that the only way to obtain lawful permanent residence is through the procedure known as adjustment of status (AOS). This is not accurate. A large number people who immigrate to the United States do so through what is known as consular processing (CP). While the majority (about 85%) of employment based applicants use AOS, it is not required. In many instances, perhaps the majority of cases, CP provides a faster and easier route to lawful permanent resident (LPR) status. Since this issue has not been discussed in this newsletter in the past several years, it is worthwhile to revisit it. 

Many people continue to believe that they must remain in H1B status after they file for adjustment of status (AOS). There is no such requirement in the law. Whether trying to maintain H1B status after filing for AOS is a good or bad idea depends entirely upon each applicant’s individual facts and circumstances. 

The USCIS has gone back to basics with respect to I-140 adjudications. They are holding petitioners to the precise requirements set forth in the regulations and issuing requests for evidence (RFEs) for petitions that do not have the supporting evidence specified by the regulations.

Based on just released information, it appears that India EB2 cutoff dates will advance, perhaps substantially, in May. China EB2 cutoff dates will also advance. The American Immigration Lawyers Association (AILA) reports that they were told the following by Charlie Oppenheim, Chief, Immigrant Visa Control and Reporting Division, U.S. Department of State: