USCIS Reminds Japanese Nationals Impacted by Recent Disaster of Available Immigration Benefits

WASHINGTON—In light of the recent earthquakes and tsunami in Japan, U.S. Citizenship and Immigration Services (USCIS) reminds Japanese nationals of certain U.S. immigration benefits available upon request.

USCIS understands that a natural disaster can affect an individual’s ability to establish or maintain lawful immigration status. Temporary relief measures available to eligible nationals of Japan may include:

USCIS Seeks Public Comments on New Prevailing Wage Rates for H-2B Construction Workers in Guam

—U.S. Citizenship and Immigration Services (USCIS) is seeking comments from the public on the proposed prevailing wage rates received from the Guam Department of Labor for construction workers in Guam employed under the H-2B temporary worker program, and the system the governor of Guam uses to determine the rates.

USCIS Announces H-1B Cap Exemptions Based on Relation or Affiliation

WASHINGTON— U.S. Citizenship and Immigration Services (USCIS) announced in response to recent stakeholder feedback, that it is currently reviewing its policy on H-1B cap exemptions for non-profit entities that are related to or affiliated with an institution of higher education. Until further guidance is issued, USCIS is temporarily applying interim procedures to H-1B non-profit entity petitions filed with the agency seeking an exemption from the statutory H-1B numerical cap based on an affiliation with or relation to an institution of higher education.

Switching Jobs after I-140 approval

Question details

I-140 App Aug 8th 08, EB2 Priority Date Mar 7th 08, H-1 In 8th Year, expiring May 12,

1.If I move to a new company (B), can I still keep my Priority Date which I have from my current company (A)?

2.Can the current company (A) withdraw my application in such a way that I loose my priority date?

1. You can keep the PD only as long as the sponsoring employer does not revoke your I-140, go out of business and USCIS does not revoke the I-140 OR, USCIS does not revoke the I-140 for fraud.


2. No.

COS from H-4 to F-1 visa

Question details

I want to change my status from H4 to F1 and assuming that it would take approx 3-4 months. If I apply for COS today, I make a trip to France (I am French citizen) next week, can I re-enter US on my valid H4 visa? Or do I have to wait until F1 is approved, get it stamped in Paris and then re-enter US?

You do NOT need USCIS approval to apply for F-1 visa. Just apply for F-1 visa during your visit to France. Ask the school to explain the formalities to you. By the way, if you leave USA during a COS request, the COS is deemed abandoned.


 

I-130 for husband approved - what next?

Question details

I am a US citizen and my husband is an Indian citizen. We got married almost a year ago. His I-130 was recently approved. What are the next steps for him to come to the US?

It should take a few more months. You should be getting some correspondence from NVC in New Hampshire. After you complete their requirements, the file will be forwarded to US Consulate in India for further processing. They will contact your husband.

Green Card Expenses

Question details

For an employment-based green card application in the EB2 category, my employer has said that they would be willing to make the application if I am willing to pay for it. Can the employee bear the total cost of the entire process -- including attorney's processing fees, filing fees for all stages, advertising fees, EAD, advance parole fees -- from start to final stamping?

The employer is bound by law to pay for all expenses, including legal fees, associated with the PERM process (but not the rest of the green card process).