Recording of Free Community Conference Call (Every Other Thursday), 28 July 2016

Immigration.com

Agency

Citizenship and Naturalization

Substantial transcription for video

Discussion Topics, Thursday, 28 July 2016:
FAQ: Criminal record, affect on naturalization, other risks; Criteria for EB-1C, international managers and executives, impact of receiving benefits; Tourist/Visitors/B-2 visa denial 214(b); How long is an I-140 approval valid; Legalizing status; Change of work location after filing for naturalization N-400 - 90-day rule for domicile; Gap required on a B visa revisit.

Other: Student (M-1) Visa stamping, changing to F-1; N-600; Conflicting I-94 on H-1 extension and amendment; 221(g) on H-1 visa; Priority date transfer after I-140; J-2 EAD processing; Protecting H-1 holder's share in company, green card processing; H-1B transfer salary and reporting company; H-1B changing employers, etc.; spouse of green card holder issues; When to file I-140/AOS after PERM approval; Correcting records with CBP; Overstay on B visa alleged; etc.

Deferred Action for Childhood Arrivals Is Still Available

The Supreme Court’s 4-4 decision in United States v. Texas on June 23, 2016, does not affect the existing 2012 policy regarding Deferred Action for Childhood Arrivals (DACA). Individuals who meet the 2012 DACA guidelines may continue to come forward and file an initial or renewal request for DACA under those guidelines.

EB-1A Directly from India and Green Card

Question details

I am from India and holding an Indian passport. I work for a IT company. I manage around 250 members.
One of the agencies are tied up with another EB-1 and EB-2 processing agency in USA and informed me that they can help in processing EB1-A visa (Self Petition).<br>
My questions are:<br>
1. Is there a category of Visa as EB1-A?<br>
2. If so, is there a possibility for self - petition? i.e. without an employer?<br>
3. If I file EB1-A, what is the waiting period? Approximate is adequate.<br>
4. Once I get the EB1-A visa, can I self apply for Green card or should there be an employer assisting to file for Green card?<br>
5. If I apply for Green card on an EB1 A, how long generally with it take?<br>

1.  Yes.  See: http://www.immigration.com/greencard/eb1-green-card/eb-1-extraordinary-…-

2.  Yes, self petition is possible under EB-1A.

3.  Usually, it takes appx a year for the whole process.

4.  EB-1A IS a green card category.  Nothing else is needed.

5.  See 3 and 4.

FAQ Transcript





Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

BALCA Appeal Times (as of July 18, 2016)

BALCA Appeal Times (as of July 18, 2016)

Bottomline: BALCA appeals take approximately 3.5 to 4 years from the date the appeal is filed. 

- Appeals from PERM denials with BALCA office are currently taking about 3.5 - 4 years from date of docket

- Dockets are being completed within the same month that they are received

Agency

Immigration Law

Recording of Free Community Conference Call (Every Other Thursday), 14 July 2016

Citizenship and Naturalization

Nonimmigrant Visas

Substantial transcription for video

Discussion Topics, Thursday, 14 July 2016:

FAQ: Priority date transfer across several companies; J-1 holder getting married to a US citizen; H-4 EAD when I-140 approved through a future employer; Automatic Visa Revalidation and H-1B amendments; Withdrawing I-485 AOS of spouse.

Other: Medicals RFE not received; Changing from H-1/H-4 to green card; Converting from H-1 to F-1 back to H-1; I-140 approved changing jobs; Pending I-140 EAD regulations; Mutiple green card petitions through future employers; Legal repercussions of deportation, N-400 record expunged, cannot obtain copies; US citizen applying for parent; Passport correction; H-1 company bankrupt; etc.

Visa Is In An Expired Passport

Question details

If my visa is in an expired passport, what should I do?

If your Visa is in a passport that has expired or will expire within 6 months of the end of your U.S. visit, you will need to get a new passport. However, you do not need to apply for a new visa. Just bring both your NEW and  passport with the valid visa to present to the CBP Officer when you arrive in the U.S. 

*Note:  Your ESTA is not a U.S. Visa.  If you obtain a new passport, you are required to apply for a brand new ESTA.  To re-apply visit esta.cbp.dhs.gov.

FAQ Transcript

dd