WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) released a revised Form N-648, Medical Certification for Disability Exceptions, for individuals with disabilities who are seeking exceptions from the English and civics requirements for naturalization.
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) reminds Haitian nationals that the registration deadline for Temporary Protected Status (TPS) is Jan. 18, 2011.
Haitian nationals who have continuously resided in the United States since Jan. 12, 2010, and who meet other TPS eligibility requirements, must file their applications for TPS no later than Jan. 18, 2011. The TPS designation for Haiti will remain in effect through July 22, 2011.
There was an interesting question in today's community conference call we host every other Thursday. The link to the question is here: http://forums.immigration.com/showth...onference-Call
PERM filing issue
Here is an excerpt from a press release from USDOL. I have said this many times before, - government investigations are NOT the same as litigation or practicing transactional immigration or corporate law. This is an entirely different area of practice. We as counsel need to know the law, compliance as well as litigation. We must approach all investigations in the spirit of good faith compliance, yet protect our clients from unnecessary liability. The investigators are not only investigators, but in effect also prosecution and judge.
I am currently on H-1B , which expires on 20 Jan 2018 , Instead of filing H-1B extension my employer filed for my COS on L-1A , As i meet all the eligibility criteria. I also have my EB-1C I-140 approved , but we cannot file 485 as the dates are not current. My L-1A COS is rejected (Denied) . Will this impact my already approved I-140 ?
Video Transcription
If your L-1A is denied and not just the change of status, then we have to look at the reason for denial. Typically L-1A is denied if the government feels that you don't rise to the level of an executive or managerial employee for whatever reason, whether it is on the foreign country side or the US side. If you don't rise to that level government can deny your L-1A and if they are denying the L-1A on that basis and your EB-1C I-140 was approved also with the same or similar job description, then obviously there is a potential impact because the criteria used for determining your eligibility for L-1A and EB-1C are the same as far as qualifying as a manager is concerned.
So indirectly because you are using the same job description you could have a problem with the L-1A denial. Yet now, if it is a change of status which can happen because you file your application two days late then the green card I-140 remains unaffected but then you have to worry about the unlawful presence problem. If you have been unlawfully present for 180 days you cannot come back for 3 years, except with a 212(d)(3) waiver and that's always a possibility in cases like these.
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 want to thank Mr. Rajiv Khanna and his team for taking care for my L1B visa application during the summer of 2010. By now (dec 2010) this is all history and I have the visa in my passport. At the time, it was quite a stressfull period with much uncertaincy of the outcome. My Khanna and his team kept faith in a good result and steered the application through rough seas, until the final approval by USCIS. Thanks very much for the professionalism. Theo Borst