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Applicant Accompanied by a Third Party for an Interview

11 years ago By Chief Editor

Question details

May a third party (spouse, sponsor, etc.) accompany an applicant to an interview for a Nonimmigrant or Immigrant Visa?

The State Department says that on the Immigrant Visa side, the petitioner may accompany the beneficiary if a petitioner is in the Consulate city at the time of the interview. The interviewing officer will speak to the petitioner only if he/she determines it is necessary to assess the case. Applicants under 17 years old MUST be accompanied by a parent or legal guardian on the Nonimmigrant Visa side.

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PERM Processing Times (as of 07/1/2013)

11 years ago By Chief Editor

PERM Processing Times (as of July 1, 2013)

Processing Queue	Priority Dates
Processing Queue	Month	Year
Analyst Reviews

Green Card

PERM - Labor Certification

Immigration Law

Processing Times

USCIS Releases Employee Tentative Nonconfirmation Email Notification (TNC)

11 years ago By Editor

A Tentative Nonconfirmation (TNC) is issued if there is a record mismatch that needs to be resolved before the employee can be confirmed as work authorized. On July 1, 2013, E-Verify announced a new customer service enhancement that will allow email notification to employees of a TNC at the same time it notifies the employer.

Bangkok’s Local Policy on Issuing B Visas

11 years ago By Chief Editor

Question details

1. Describe Bangkok’s local policy on issuing B visas.

2. How does HCMC (Ho Chi Minh City) typically handle B visa adjudications for pregnant mothers who wish to give birth in the U.S.?

3. How does HCMC (Ho Chi Minh City) typically handle B visa adjudication for dependent parents?

4. How does HCMC (Ho Chi Minh City) typically handle B visa adjudication for domestic employees?

5. How does HCMC (Ho Chi Minh City) typically handle B visa adjudication for cohabitating partners of NIV (nonimmigrant visa applicant) or USC (U.S. citizen)?

1. Bangkok does not have any “policy” on evaluating B-1/B2 visa applications other than the approaches outlined in 9 FAM. Each case is treated individually and is decided based on the personal interview.

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H-1B Amendment

11 years ago By Chief Editor

Question details

My work location had changed and my employer had filed an H-1B amendment. Now I am moving back to the original location, which was filed in the first H-1B petition. Is there anything that needs to be done?

All H-1Bs are employment, employer and location specific. Therefore, it is necessary that an H-1B amendment be filed with USCIS if there is any change of location.

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USCIS Redesigns Special Certificate of Naturalization and Certificates of Citizenship

11 years ago By Editor

On Aug. 5, USCIS will start issuing redesigned certificates including:

Form N-578, Special Certificate of Naturalization;
Form N-645, Certificate of Citizenship (Posthumous);
Form N-645A, Certificate of Citizenship (Posthumous).

The redesigned certificates feature state-of-the-art technology to deter counterfeiting, prevent tampering, and allow for quick and accurate authentication.

H-1 to H-4

11 years ago By Chief Editor

Question details

My spouse and I work for the same IT company. My spouse who is on H-1B visa is already in the US and my H-1B is under process, hoping to get it stamped latest by October 13th. I plan to quit my current job after stamping is over(may be in Oct13) and join my spouse on dependent visa (H-4).

1) When I apply for H-4, will my H-1B be valid or my company will cancel my H-1B?

2) Assuming H-1B still remains valid after my H-4, can I apply for change of status to H-1 later and search for jobs while on H-4?

3) How long does it take for change of status from H-4 to H-1?

1. H-1 cancellation (revocation) is not automatic, but the company would have to be extremely ill-informed not to revoke the H-1. They must.
2. You can revert back to H-1 from H-4. You will not be subject to quota.
3. The same time as a new H-1. Apply premium if in a hurry.

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Attorney-Consulate Interaction

11 years ago By Chief Editor

Question details

What does the State Department recommend as the best method for an attorney to bring arguments of admissibility to the Post's attention?

The State Department says that an attorney should present a cover letter that summarizes the issue and a legal memo at the time of interview.

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USCIS Reminder of Deadline for El Salvador TPS Re-Registration on 7/29/2013

11 years ago By Editor

USCIS reminds eligible nationals of El Salvador (and persons without nationality who last regularly resided in El Salvador) and who currently have Temporary Protected Status (TPS) to re-register for TPS by Monday July 29, 2013. Failure to re-register by this deadline may result in the loss of your TPS status and your work authorization.

K Visa Awaiting Documentation

11 years ago By Chief Editor

Question details

What happens when a K visa is denied at the Post?

The State Department says that if a K visa is awaiting documentation requested by the interviewing officer, it is denied under 221(g). The case will remain at the Post until expiration, after which it will be returned to USCIS. Fraudulent fiancé petition cases will be returned with a return memo to USCIS via NVC.

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