USCIS Forms Update Notice
USCIS recently updated the following form(s):
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State Department Announces that Ink Signature No Longer Required on Affidavits of Support
As part of our ongoing efforts to be responsive to customer needs in immigrant visa processing, the Department of State is pleased to announce that original or “wet ink” signatures are no longer required on submitted Forms I-864, Affidavit of Support. This also applies to the I-864A, I-864W, and I-864EZ.
Recording of Free Community Conference Call (Every Other Thursday), 1 December 2016
Immigration Law
Green Card
Substantial transcription for video
Discussion Topics, Thursday, 1 December 2016:
FAQ: New I-140 EAD regulations -- Extending H-1 after I-140 revocation, retaining priority dates under new regulations, per country limits, EAD under the new regulations; effective date of new regulations; Visa cancelled CWOP, 214(b) denial; FAQ: Implications of joining an end client where H-1B employer objects, H-1B employer not paying salary - DOL Wage and Hour Division Complaint WH-4; AC21 green card portability, "same or similar" job under old/new regulations, working on 1099 as contractor; Frequency of visits and duration of stay on tourist/visitors/B-1/B-2 visa; Foreign Medical Graduates, Physicians, H-1B for part time jobs, concurrent cap and cap exempt H-1B employment.
Other: Consular processing green card through future employer; Can one start H-1B job before the requested start date? Court orders for migration of child by divorced parent; H-2B extension, denial, 240-day rule; Volunteering on F-1 OPT; Aging out; Name errors on green card; Humanitarian parole, H-1B change of status, etc.
AAO Processing Times as of December 1, 2016
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Case Type |
Time |
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Agency
Immigration Law
Visa Bulletin - January 2017
Agency
Green Card
USCIS Announces Citizenship Resource Center Improved for Mobile Devices
Beginning December 12, the free citizenship preparation and study materials in USCIS’ Citizenship Resource Center will be easier to use from a smartphone, tablet or other mobile device. Among the improvements, the new design puts key navigational links inside a single “hamburger” icon like that found on many other mobile sites. This redesign follows the launch of mobile friendly design on other parts of uscis.gov and uscis.gov/es earlier this year.
USCIS Announces Extension of Parole for Immediate Relatives of U.S. Citizens
To allow immediate relatives of U.S. citizens and certain “stateless” individuals to maintain legal status in the CNMI, U.S. Citizenship and Immigration Services (USCIS) has extended the parole program for these relatives, effective immediately, until December 31, 2018.
To apply for extension of this parole, you must:
What is new regulations for H-1 grace period, revocation of I-140 ?
Question details
My I 140 is approved in 2013 and H1-B 5 year and 3 months are completed.
I have important question , after 17 Jan 2016 , my any chance I loose my job and my employer revoke my H1-B and I 140.
1. Will I get some time to find new job and new employee to transfer my H1-B ?
2. after my employer revoke my H1-B what is time line I can still transfer my H1-B visa with new employer?
Government will sympathetically consider unexpected layoffs and should give you consideration up to 60 days each H-1 period. So one 60 day period let say you have taken and then changed your employer another 60 day period kind of like that and there is little more to it but each time there is new validity to H-1 . You will be able to get 60 more days.
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.
USCIS Publishes Interim Rule on T Nonimmigrant Status
The Department of Homeland Security (DHS) is amending its regulations governing the requirements and procedures for victims of human trafficking who seek T nonimmigrant status. DHS is also streamlining procedures, responding to public comments, and providing guidance on the statutory requirements for T nonimmigrants in order to ensure that the T nonimmigrant status (T visa) regulations are up to date and reflect USCIS’ adjudicative experience.
H-2B Returning Worker Program Expired
The H-2B returning worker provisions of the Consolidated Appropriations Act of 2016 (Public Law 114-113) expired on Sept.
USCIS Fee Changes Take Effect Dec. 23
USCIS reminds applicants and petitioners to pay new fees with forms postmarked or filed on or after Dec. 23, 2016, or USCIS will not be able to accept the filings. USCIS will only accept previous fees if they are postmarked Dec. 22 or earlier.
Guestbook Entry for Sree Sundaram, United States
Name
Sree Sundaram
Country
United States
State
IL
Guestbook Entry for Bashir A. Shaikh, United States
Name
Bashir A. Shaikh
Country
United States
State
FL
Comment
I've just started my GC process with Mr. Khanna's firm. They are about to send my DOL LCert. While working with them since last few weeks, I admire there professionalism and dedication. They've been good at follow up. I was surprised how much Mr. Khanna has been involved. I think it will be a good experience down the road. Special thanks to Mr. Khanna, Rajiv Durgam, Miss. Suman and Ursla Jara.
Guestbook Entry for Sachin S Deo, United States
Name
Sachin S Deo
Country
United States
State
NJ
Comment
I began my GC processing in October 1999. And got my LC done in December 1999. I really thankful to Mr. Rajiv and his team for their efforts. Now I am in process of filing for I-140. Mr. Rajiv and his staff is highly professional and very friendly. Working with him is absolutely hassle free. I never have to do any . Follow-up. with him as his staff do things very efficiently. Also Thanks to Suman and Leila as they are always helpful.
Guestbook Entry for Dwight & Elgitha Mercy, United States
Name
Dwight & Elgitha Mercy
Country
United States
State
FL
Comment
In June of 1998 I changed jobs, and moved here to Florida in July of 1998. I began filing for new H1 visas in May of that same year. It took Just under two(2) months to get our H1-B and H-4. Just recently (Dec. 1999) our application for Alien Employment Certification, through the Atlanta DOL was approved. We are now in the process of filing our I-140 and, once the priority date becomes current, the I-485 (adjustment of status for GC). My wife and I are extremely pleased with the results Mr Khanna has been able to achieve since we first started with him in Maryland. We have come a far way, and it is refreshing to know that changing lawyers was the best choice we have made throughout this ordeal. We continue to look forward to the high standard of work Mr Khanna is setting for his clients. ** Keep up the good work Mr Khanna & Staff **
Guestbook Entry for Ajoy Kumar, United States
Name
Ajoy Kumar
Country
United States
State
VA
Comment
The work was very well done in a timely manner. thank you
Guestbook Entry for Swaminathan, United States
Name
Swaminathan
Country
United States
State
MD
Comment
Thank you very much for the swift and efficient process. Hoping to use you guys again at a later date
USCIS Reminder to Obtain Advance Parole Before Traveling Abroad
U.S. Citizenship and Immigration Services (USCIS) reminds applicants for Adjustment of Status, Asylum, Legalization, and TPS Beneficiaries individuals that they must obtain Advance Parole from USCIS before traveling abroad.
USCIS Responds to CIS Ombudsman's Recommendation on Improving the Process for T & U Visa Applicants
USCIS, responds to the CIS Ombudsman's Recommendation 39: "Improving the Process for Victims of Trafficking and Certain Criminal Activity: The T and U Visas."
TSC Update – 06/03/09
Internal procedure by which Motion to Re-open, Motion to Reconsider or Appeal is handled
Presently at the USCIS TSC the officer that issued the denial generally adjudicates the MTR. But this system will slowly change. The denial of the MTR will be reviewed by a supervisor. An appeal filed under 8 C.F.R. § 103.3 will always be first considered as an MTR.
Be sure to submit the supporting documentation along with the I-290B. If the center considers its decision as correct it will forward he appeal to the AAO.
Following to join
Question details
This is regarding my sister who is going through lot of stress due to visa issues.
She has been on H4 for past 9 years. Her H1 was approved in 2007 with an employer who wanted to hire when she was doing her MBA from a reputed University here in US. They were even willing to hire her once she is done.
3 months back her husband lost his job and had to go on EAD since (My sister could not do it because she was traveling out of US in 2007 when the window opened).
She has decided to go on H1 status. She has to get it stamped outside US as she had lost her H4 status. It has been now more than a month and she is stuck out of US (in UAE). Her employer is a small firm and due to THE bad economy she is very nervous about the future even if she gets H1 B.
Here are our questions/ concerns. Please do answer these:
1. If she gets H1 B could her husband still file for Follow to Join. There is no guarantee in this environment it would give her peace of mind if he could.
2. God forbid - If she doesnot get H1B and her husband files for Follow to Join - would she have to stay out side US to do consulate processing?? How much time it takes?
3. Any advise/ suggestions are welcome.
I am assuming the situation is that the husband's AOS is pending and he is using AC21 portability. That said, she is entitled to follow to join because she was (is) married to him before his green card got approved. There is NO requirement that a spouse must on a derivative visa (like H-4) in order to follow to join. She can follow to join even if she is outside USA, OR on F-1, H-1, L-1 or any independent visa. She will have to stay outside USA if her H-1 is denied, unless he revives his H-1 and brings her back on H-4.
H-3 Visa Services and Fees
The fee schedule for H-3 classification (fees are payable by personal or corporate checks) is as follows:
| 1. | Legal fees(for our Office): $2,200 |
Comments: Rajiv Khanna is an extremely competent attorney and I am extremely pleased by the service provided by his staff. I specially commend Diane Lombardo for getting things done quickly, efficiently and correctly. I would recommend this firm for anyone wishing to hire a lwayer for their GC process. Country of Birth of primary applicant: India Country of Birth of beneficiary: Colombia I-140 NIW Application received by INS on Jan, 13 1998. I-140 Additional evidence requested on April 23, 1998. I-140 Approval received on Jun 13, 1998. I-485 Received by INS on Aug 5, 1998. I-485 RFE sent out by INS on Nov 12, 1999. RFE was for employment letter, original geographical area of NIW approval and birth certificate. I-485 Response sent on December 7, 1999. I-485 Approved on December 23, 1999. Passport stamped on January 3, 2000 using courtesy copy (not original copy). Further, for those who are wondering how I was able to submit my I485 application in August 1998 when my priority date is Jan 13 1998, I qualify since I cross-charged my application under my spouse's country of birth.