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Employment-Based Fourth Preference (EB-4) Visa Limits Reached for Special Immigrants from India
The Department of State’s Visa Bulletin for August 2016 reflects a final action date of January 1, 2010*, for EB-4 visas for special immigrants from India.
Visa Is In An Expired Passport
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.
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Recording of Free Community Conference Call (Every Other Thursday), 14 July 2016
Citizenship and Naturalization
Green Card
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.
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
Green Card
Immigration Law
Successful K1 Visa (I-129 f) Expedite Request
Just wanted to let people know that it IS possible to get the I-129f processed in an expedited basis.
EB-1A Directly from India and Green Card
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.
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.
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.
Guestbook Entry for Puneet Srivastava, India
Update to Form N-600K
USCIS recently updated Form N-600K, Application for Citizenship and Issuance of Certificate Under Section 322. The new edition is dated 07/11/16. USCIS will also accept the 05/03/13 edition.
Recording of Free Community Conference Call (Every Other Thursday), 28 July 2016
Immigration.com
Agency
Citizenship and Naturalization
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.
Guestbook Entry for Arul Palanivelu, United States
I got my Immigrant Visa thru Consular Processing on August 2000. Law Offices of Rajiv Khanna helped me through the process. His staff were generally helpful and knowledgeable. Among other things one I most appreciated was the fact Rajiv made time to reply every e-mail queries I sent and return every phone messages I left. That was re-assuring during various stages of the process. I will certainly refer them to anyone who wants immigration/non-immigration services.
Guestbook Entry for Rob Ray, United States
I would like to take this opportunity to express my sincerest appreciation for the great job done by this law firm in getting my LC approved in record time. My LC was filed at the Florida SESA on August 2nd, 2000 and approved from Atlanta DOL on 18th September. The entire process took only 1.5 months, which is incredible considering that Labor is taking around 4-5 months in that region. This has been made possible mainly due to the expertise and professionalism of the staff of this law firm, particularly Rajiv Khanna, Suman Bhasin, Richa Narang and Vijay Durgav (among others). I am grateful to them for a job well done and will recommend their services to anybody about to start the journey. On to I-140!!!!!
Temporary Protected Status Extended for Honduras
Secretary of Homeland Security Jeh Johnson has extended Temporary Protected Status (TPS) for eligible nationals of Honduras (and those without nationality who last habitually resided in Honduras) for an additional 18 months, effective July 6, 2016, through Jan. 5, 2018.
USCIS Updates Form N-300, Application to File Declaration of Intention
USCIS published an updated edition of Form N-300, Application to File Declaration of Intention. The new edition is dated 03/30/16.
Guestbook Entry for Ravi Bhavanari, United States
Excellent Work!!! Rajiv Khanna, Art Shifflett , and the Team provided outstanding support, near perfection to get the work done. Rajiv and Art, thank you very much for the support provided by you for my GC LC and I140, that 's a tremendous work by you to answer all the Audits / Supervised Audits. It's impressive work from you. Its nice working with you.
Regards,
Ravi Bhavanari
USCIS Updates Form I-140, Immigrant Petition for Alien Worker
USCIS updated Form I-140, Immigrant Petition for Alien Worker. The new edition is dated 04/28/16. The old edition11/20/15 edition also still accepted.
USCIS Reaches H-2B Cap for Fiscal Year 2016
USCIS has received a sufficient number of petitions to reach the congressionally mandated H-2B cap for Fiscal Year (FY) 2016.
Recording of Free Community Conference Call (Every Other Thursday), 2016, May 19
Nonimmigrant Visas
Green Card
FAQ: Changing back to F-1 student status after filing for green card; I-94 given for duration shorter than entitled; H-1B amendment when change of cities; Impact of traveling while H-1 extension is pending; Birth certificate non-availability, affidavit; Changing jobs after I-140 approval; STEM OPT extension for consulting or staffing companies; Effect of divorce on an employment-based case and cross-chargeability; Transferring H-1 subject to cap, cap-gap extension; Remedy for denial of I-485 AOS; Sued by employer.
Other: Effect on relative petition if petitioner loses their green card; Revocation of I-140; Porting priority date; Changing jobs H-1 or EAD, converting from EAD to H-1; F-2 out of status converting to H-4; H-4 family traveling while H-1 extension is pending; CAP-GAP extension and drivers license; Effect of relocation to India during green card processing; Visa stamping for H-4 out of status, etc.
USCIS Reaches CW-1 Cap for Fiscal Year 2016
USCIS has received a sufficient number of petitions to reach the numerical limit (the “cap”) of 12,999 workers who may be issued CW-1 visas or otherwise provided with CW-1 status for Fiscal Year (FY) 2016.
Received asylum GC from TSC
Just received my green card based on asylum approved more than 1yr ago.
See below for my timeline. Feel free to ask me anything. Always happy to help out members of this forum.
# My timeline
- In status, H1B VISA approved in May 2014
- 06/19/2014 - Filed I-589 (Application for Asylum) in Jersey City, NJ
- 06/24/2014 - Received fingerprint notice
- 07/03/2014 - Fingerprint recorded at the USCIS Application Support Center in Elizabeth, NJ
- 07/09/2014 - Received interview notice
Green Card
Passed my interview
I just passed my interview .
Citizenship and Naturalization
Employers May Submit Online Inquiries for Certain Form I-129 Petitions
As of April 21, 2016, petitioners who filed Form I-129, Petition for a Nonimmigrant Worker, requesting an extension of stay or change of employer, can submit an inquiry after their petition has been pending for 210 days or more. Petitioners may now submit this inquiry online by selecting “case outside normal processing time.”
It has been an amazing experience with my H1 transfer this time. I was getting RFEs in all the last 3 times when my H1B petition was filed, but this time, it got approved straight without an RFE in just 10 days of time with premium processing. This definitely indicates that the documentation done was very much detailed and complete. Apart from this, prompt communication is something that I really appreciate a lot. Thanks for all the support.