DHS Unveils Initiatives to Enhance E-Verify

Release Date: March 17, 2010

For Immediate Release
Office of the Press Secretary
Contact: 202-282-8010

Agreement with Department of Justice and Outreach Initiatives Will Strengthen E-Verify for Employers and Employees

Department of Homeland Security (DHS) Secretary Janet Napolitano joined U.S. Citizenship and Immigration Services (USCIS) Director Alejandro Mayorkas to announce a trio of initiatives to strengthen the efficiency and accuracy of the E-Verify system.

H1B renewal using an old I-140 from a previous employeer

Question details

When I was working at Company A I filed for my I-140. Unfortunate I had to quit the company A and join company B. When company B filed for my H1B transfer in 2007, the I-140 from company A got approved and we were able to extend my H1B for 3 years. After a year I had to quit company B and join Company C. Now in Company C I filed for Labor through PERM in 2008 which got an audited once and I am waiting for my Labor to approve.

My H1B is expiring in Sep 2010 and my company is not doing good. So if I change a job now, would it be possible to use the old I-140 and Renew my H1b for 3 more years.

I cannot think of any reason why the same I-140 cannot be used for repeat H-1 renewals. By way of caution, do not change companies until the H-1 approval is in hand.

I have a green card, I was out of the U.S for more than a year

Question details

I got my green card back in 2003, I traveled to the U.S. in search of a better life. Since my grandmother was sick I had to comeback to my home country in 2008. I've been out of the U.S. for more than a year. My grandmother is fine now and I'd like to comeback to the U.S. My green card expires in 2014, so it's still valid now. Will I be allowed to comeback to the U.S.?

Generally speaking, a visit outside USA lasting more than one year terminates your green card (no matter what the card says).

Which state to file papers for green card

Question details

I'm on F1 visa and just got married to a US citizen, I'm looking forward to file green card papers..is there something like some states(MD or Kentucky) have the fastest processing time, what is the normal time limit from filing to the interview and receiving green card?

Follow the instructions on the form. Place of filing in immigration matters follows your residence. It is not open to choice. USCIS processing times should be here: http://www.immigration.com/processing-times-and-status-check

B visa while GC pending

Question details

A a citizen, I filled up a I-130 form for my parents; they live abroad, but they already have a tourist visa; may they visit USA for short time while they are waiting for the GC process, and then go back to their country, keeping back and forth in the meantime?

The law is uncertain. This type of entry will be left at the discretion of CBP. I have a blog entry on this subject. Please review it: http://forums.immigration.com/blog.php?u=1

USCIS Guidance Memo on Adjudicating Reciprocal Exchange Agreements

USCIS issued a memo to provide guidance for processing and adjudicating Form I-129, filed on behalf of P-2 nonimmigrants. In particular, this memo amends the policy guidance that the Service Centers must contact Headquarters prior to adjudication of reciprocal exchange  agreements which have not been previously approved.

Office of Foreign Labor Certification Releases ETA Form 9142 - Application for Temporary Employment Certification

To support implementation of the new H-2A regulations and current H-2B regulations, the Office of Foreign Labor Certification is making available the ETA Form 9142 - Application for Temporary Employment Certification in a fillable Adobe Acrobat PDF format to provide users with the option to save and reuse the information on the form for future applications. To access the fillable form, please check attachment.