Guestbook Entry for Prateek Rishi, United States
Name
Prateek Rishi
Country
United States
State
NY
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USCIS Issues Proposed Rule to Adjust Certain Immigration and Naturalization Fees
Release Date
WASHINGTON—Today, U.S. Citizenship and Immigration Services (USCIS) published a Notice of Proposed Rulemaking (NPRM) to adjust certain immigration and naturalization benefit request fees. The new fees would allow USCIS to more fully recover its operating costs, reestablish and maintain timely case processing, and prevent the accumulation of future case backlogs. USCIS receives approximately 96 percent of its funding from filing fees, not from congressional appropriations.
USCIS Updated Forms - G-1055 and I-956K
USCIS recently updated the following USCIS form(s):
01/04/2023 01:59 PM EST
USCIS Forms Update - Form I-134
USCIS recently updated the following form.
Form I-134, Declaration of Financial Support
01/04/2023 09:24 AM EST
USCIS Releases New Immigrant Investor Form
Release Date
USCIS has published Form I-956K, Registration for Direct and Third-Party Promoters. The EB-5 Reform and Integrity Act of 2022 added the requirement for direct and third-party promoters to register with USCIS.
Recording for January 05, 2023 Conference Call with Rajiv S. Khanna
Nonimmigrant Visas
Green Card
Discussion Topics
FAQ: Effect of typos on immigration documents || Concerns about EB-1C Green Card Portability || Who is required to pay for an EB-1C Green Card? || Can too many parking tickets affect Green Card or Citizenship process? ||
USCIS Q&As from an Interagency Engagement on International Student Issues
Question details
The CIS Ombudsman’s Webinar Series:
Interagency Engagement on International Student Issues
Thursday, August 25, 2022
1 - 2:15 p.m. EDT
U.S. Citizenship and Immigration Services (USCIS) provided these answers to stakeholder questions gathered from the webinar.
.......................................................................................................
Question 1. Maintaining F-1 status
Question 2. Reinstatement
Question 3. OPT
Question 4. Form I-765, Application for Employment Authorization
Question 5. Systematic Alien Verification for Entitlements (SAVE)
Question 6. Student and Exchange Visitor Information System (SEVIS)
Question 7. Change of Address
Question 8. Other
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Maintaining F-1 status
Q1. Can a student under Optional Practical Training (OPT) travel out of the country for a few days (less than five days) without notifying the designated school official (DSO) or employer or do they need permission to travel?
Visa Bulletin For February 2023
Number 74
Volume X
Washington, D.C
A. STATUTORY NUMBERS
This bulletin summarizes the availability of immigrant numbers during February for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.
Agency
Green Card
Immigration Law
AAO Processing Times (October - December 2022)
| Form Type | Case Type | Completed 0-180 Days | Quarterly Completions |
|---|---|---|---|
| Cumulative total of all completions | 69.69% | 848 | |
| I-129CW | Petition for CNMI Nonimmigrant Transitional Worker | 66.67% | 3 |
| I-129F | Petition for Fiancée | 100% | 14 |
Immigration Law
USCIS Announces Final Phase of Premium Processing Expansion for EB-1 and EB-2 Form I-140 Petitions and Future Expansion for F-1 Students Seeking OPT and Certain Student and Exchange Visitors
Release Date
U.S. Citizenship and Immigration Services is implementing the final phase of the premium processing expansion for Form I-140, Immigrant Petition for Alien Workers, under the EB-1 and EB-2 classifications.
PERM Processing Times (as of 12/31/2022)
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | April 2022 |
| Audit Review | January 2022 |
| Reconsideration Request to the CO | June 2022 |
Agency
Green Card
Immigration Law
Do I need to have my SSN number before I start working?
Question details
I have a query about the employment status of the H1B resource coming from India. Once the resource reaches the US, from what day they can start working? I understand that once they reach the U.S. they need to apply for SSN first. So the question is can they start working in full employment capacity even before they get SSN?
.
Excerpt from the SSA (Social Security Administration) website:
"We don’t require you to have an SSN before you start work. However, the Internal Revenue Service requires employers to use your SSN to report your wages.
While you wait for your SSN, your employer can use a letter from us stating you applied for a number. Your immigration documents can prove your authorization to work in the United States".
Find more information online at www.ssa.gov/employer/hiring.htm
The Practical Lawyer Editorial Board Member Rajiv S. Khanna's Conversation With Samuel D. Hodge, Jr.
This article is part of the continuing series of interviews between The Practical Lawyer Editorial Board Member Rajiv S. Khanna and leading practitioners across the country, designed to provide personal and professional insights into various areas of the law.
Read more by clicking the pdf attachment.
Effect of typos on immigration documents
Question details
One of my friends has just completed a master's (F1 Visa) in Dec 2022 and has traveled to India (outside the USA). However, he hadn't noticed that the EAD card had incorrect DOB (date of birth). Would he have any issues while entering back to the USA? Will he have issues returning to the USA, how can he ensure that his DOB issue in EAD is sorted out?
FAQ Transcript
You could send in a request to the USCIS for correction of the typographical error by taking a screenshot. Attach it with the rest of the documents and now you have enough proof to show who you are. Also, typographical error depends upon who made the error and in which context it's being raised. Sometimes it is just an easy fix and complicated at times. Let your lawyers help you with that decision in this case. I think if you have a screenshot of a requested correction you should be fine.
Concerns about EB-1C Green Card Portability
Question details
How does EB-1C portability work?
I also have a question about the EB1C portability of the priority date. Say, If I have I-140 approved under EB1C and have a particular priority date. For some reason, if I need to or want to change employers and I do not qualify for EB1C with other employers. My new employer can file I-140 under EB-2, or I can file EB-2 NIW myself. I have both options. The question is whether I can use the priority date of the earlier approved I-140 petition under EB1C to the new employer's EB-2 petition and file AOS.
FAQ Transcript
Sure. EB-1/EB-2/EB-3 all of them can be ported.
Who is required to pay for an EB-1C Green Card?
Question details
Who pays for the I-140 filing fee? Employer or Employee? Do federal regulations mandate payment by the employer? Who pays the attorney fees for the I-140 form per federal regulations? Is it mandatory to be paid by the employer? Who pays for the I-1485 filing fee per federal regulations? Employer or Employee? Any federal mandate I need to know? Who pays for I-485 attorney fees per federal regulations? Is anything mandated in federal regulations?
FAQ Transcript
Generally speaking for L-1/EB-1C there are no requirements of any kind that say that the employer has to pay. The employee can pay for I-140 and I-485.
DHS Announces Process Enhancements for Supporting Labor Enforcement Investigations
Release Date
Changes Strengthen Efforts to Hold Unscrupulous Employers Accountable
Asylum Applicants Can Now File Form I-765 Online
Release Date
U.S. Citizenship and Immigration Services today announced that certain asylum applicants can now file Form I-765, Application for Employment Authorization, online.
Can too many parking tickets affect Green Card or Citizenship process?
Question details
If someone gets around 50 parking tickets in a year, how would it affect visa / GC / citizenship?
FAQ Transcript
I think it has no effect. Parking tickets are simply non-moving violations.Either you parked in the wrong place or the meter ran out after you parked.However, there are two components to moving violations. There is recklessness which can become criminal and that could become a major issue by itself or many speeding tickets that are not criminal could lead to a conclusion that you are not a person of good moral character.
US Citizen child living in India applying for parents' green card at the age of 21
Question details
My cousin’s family relocated to India from the US. They have a US-born daughter who is a US citizen.
Now the daughter wants to come back and study for a bachelor's in the US. Once she turns 21, can she sponsor the Green Card for her parents? If so, I would like to know details about the process and timeline involved.
FAQ Transcript
Once she turns 21 she can definitely apply for you as long as she's domiciled in the United States by the time you go for your Green Card interview at the consulate.
Options to upgrade to EB-1C as an International Manager or Executive
Question details
My PD - July 2014 EB2. I have a pending 485 and got EAD and AP.
I’m a manager in my current company and manage teams in India and the US.
I would like to know how to upgrade to EB1 as International Manager.
Is it required that I work outside the US for one year?
If I visit India and work for 3-4 months, can the accumulated time over 2-3 years be used for upgrading to EB1?
I would also like to know if we can renew EAD from India and keep the current 485 processes on track.
FAQ Transcript
Yes, you can upgrade.
No, you cannot you cannot renew EAD from India.
USCIS Redesigns Green Card and Employment Authorization Document
Release Date
New Features Provide State-of-the-Art Security
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced today new designs to improve security of Permanent Resident Cards (also known as Green Cards) and Employment Authorization Documents (EADs). USCIS will begin issuing the redesigned cards on Jan. 30, 2023.
USCIS Extends COVID-19-related Flexibilities
Release Date
U.S. Citizenship and Immigration Services is extending certain COVID-19-related flexibilities through March 23, 2023. Under these flexibilities, USCIS considers a response received within 60 calendar days after the due date set forth in the following requests or notices before taking any action, if the request or notice was issued between March 1, 2020, and March 23, 2023, inclusive:
All Readers, I quote from my latest msg. to Mr. Rajiv Khanna's office. Please make yourself more aware on your issues by visiting his web-site (and positively contributing to it) and get advice from his office for your particular needs. All cases are NOT the same. Quote Dear Mr Khanna I barely get time to go to your web-site, though I know it is an ocean of information for all those awaiting their immigration process at some stage or the other. Today I happened to spend an hour there and learnt that your Office had done me good!! I live in an area which lacks Indian neighbors and in my Office too, I am the only Indian working in my whole division! Therefore, there is seldom any interaction with people who are at a similar stage as me in the Immigration process. When my I-140 was filed, your Legal Assistant Nimia Aranibar informed me of the CP option. Though I might have surprised her with my lack of knowledge on this process, she explained the process to me and answered my doubts. And she did as I opted for. No suggestions or implications or other discussion. She was very professional in giving me the information and in answering my questions on the issue. She even understood my concerns with the CP process and offered to clarify my doubts and suggested the recourse to this choice if I needed a recourse at a later date. After reading the chat-site on your web-site, I now realise that the lady was giving me good information at the right time. There are so many people on the web who feel have been un-informed of this process. I, on the contrary, have got the right information from your office and am very happy about this. Thank you and best regards Prateek Rishi Nimia, reading in copy, thank you very much for the time taken to explain me the two processes.