Computer and IT Professionals

Naturalization Issues - Stay Outside for Medical Reasons

Question details

My parents are getting ready to file their N400 naturalization application online soon. Here is their situation :
They got their Green Card ( I sponsored them) in April 2013. They have made four trips to India , two of which were less than 32 days. However one trip in 2013-2014 was for 204 days but this trip is outside of the 5year look-back period now. They took another trip in in August 2014 ,returning in March 2015 for a total of 193 days outside. They had to stay back longer due an unexpected health issue when my mom had to undergo surgery. They have paid filed their tax returns as a resident for every year since getting their GC even-though they do not owe any taxes - they do have some passive income in India. They do live with me and while they have bank account there are not many transactions in it. Also they have medical coverage through ACA where they get premium assistance. Would 5 years of tax returns along with medical documents that show my Mom's diagnosis and surgery followed by physiotherapy be sufficient to overcome the presumption of abandonment of residence in US because they stayed about 13 days more than 180 during their trip in 2014-2015 ?

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.

L1A – Multinational Manager

We won a case following a Request for Evidence that requested additional proof of the relationship between the entities, verification of employment abroad in a managerial role for one continuous year prior to entering the US, as well as additional details of the proposed managerial position in the U.S. Initially we submitted documentation to establish the relationship between the U.S.

Processing Times Involved in NIW

Question details

If I may verify the processing times involved in NIW. Since it falls under EB2 category, I am assuming it may be a long time before I can get my EAD card and be able to change employers. Also, I want to confirm if there could be issues if I change employers during the process - If so, I'd prefer to change my current employer before starting with it.

You can change employers any time if you are a self-applicant and will continue to work in your stated area of national interest.  But NIW priority date will take the same time as a normal EB-2 application does.  See: 

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.

I-140 education issue

We represented an IT consulting company and a Senior Software Engineer employed by them from the point forward where they received an RFE.  USCIS issued a Request for Evidence (RFE) questioning accreditation of the Indian universities where the applicant received his degrees.   We researched the universities in question and documented that both are highly regarded and world renowned institutions. Additionally, we received an expert opinion that noted that both universities were accredited at the time the applicant received his degrees.

I-140 approved

Reversal on appeal of I-140 revocation

We have received a series of reversals and remands from the USCIS appeals office (“AAO”) where we had argued that the USCIS had erroneously and illegally revoked approved I-140 petitions.  The grounds of appeal in the cases involved:

Failure to prove qualifications of employee because the documentation of experience was insufficient;

Successorship-in-interest of companies, where one company was acquired by another;

Revocation of I-140 reversed

MTR approved by DOL on engineering issue

USDOL had denied a series of cases for many employers represented by various law firms. The ground of denial was that when "engineering" was one of the acceptable majors for an IT job, that created too much ambiguity for a case to be approved. DOL stated that there are fields of engineering, such as Agricultural Engineering, which are clearly inapplicable to IT positions.

This ruling had become a nation wide issue. 


AOS applicants applying for H-1 visa

Question details

My spouse and me are currently working on H1 and we do have our EAD and AP even though we are not using it.
We are planning on a trip to India in the month of December. Both of our H1 visa's on passport have expired. We plan on using AP when coming back to US to avoid the hassle of getting our passports stamped.

We plan on remaining on H1 even though we use AP to get back. We do plan on renewing our AP and EAD when they expire. What I want to know is... is there any advantage of having visa stamped in your passport as to using AP if you plan on remaining on H1? One that I know is cities like London require you to get a transit visa if your visa has expired when traveling to India.

We would highly recommend not applying for an H visa if it can be avoided. In the past few weeks, I have provided consultations to various employers on H-1 visa refusals. The refusals were ridiculous, illegal and would be overturned if there were an adequate mechanism for reversal. So, I see no point in applying for an H-1 visa. Even if you enter on AP and continue working for the original H-1 employer, you ARE considered to still be on H-1. All other matters are more or less ancillary.