Visa Bulletin - February 2019
Visa Bulletin For February 2019
Number 26
Volume X
Number 26
Volume X
Discussion Topics, Thursday, 10 January 2019:
FAQ: The logistics of porting a priority date, how to? ||Consequences of and logistical problems in dealing with criminal arrests or convictions in immigration cases||What to do when the 240 days H-1B work authorization is expiring?||Downgrading a case from EB2 to EB3 for priority date advantage||
Other: How to calculate H-1B time while the case is pending ||Successor in interest cases ||Transferring family-based cases ||Converting pending H-1B cases to premium ||H-1B visa stamping problems ||CSPA issues while the I 140 is pending||Filing an appeal against H-1B denial ||Effect on employment-based green card of relocation or moving abroad || REmoval of condition on green card through marriage
PERM Processing Times (as of 12/31/2018)
I am H4 dependent visa holder. My I94 expired 9 months ago on Feb 2018 due to old Passport expiration. But my visa is valid until Dec 2019. I have over stayed more than 180days >365 days. I recently realized my mistake.Can you provide the best solution for this I94 problem? Explain please.
Watch the Video on this FAQ: I-94 expired -- Unlawful Presence
Video 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 had a approved I-140 from Employer-A under EB3 category with PD-Oct’12. My new Employer-B filed for I-140 under EB2 and obtained an approval. However, the PD is Jul’18 even though priority date porting was requested. Employer-A has not revoked the approved I-140. Not sure if this is a typo or default PD on the form with the assumption that I-485 can be applied when EB2 is Oct’12.
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.
My priority date is 2013. I had one misdemeanor case in 2015 and within 2 months of time, case was dismissed by judge and judge issued expunged order also same time. I have not disclosed this to my present company. Can I file 485 without involving my present company and company attorney ? if yes where I can find some more information ? Do I need to submit all the document to Immigration officer ? I have sentencing certified copy and expunging record, do I need to get ' An original official statement by the arresting agency' and 'complete arrest record' ? as case was expunged, so I may not able to get the this document.
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.
Are you seeking to adjust your status and become a U.S. permanent resident under a family-sponsored or employment-based preference immigrant visa? If you have not yet had a relative or employer file an immigrant visa petition on your behalf, please learn more about the Adjustment of Status Filing Process.
My H1 Extension is in progress since Apr 2018. My 240 day work authorization period is expiring on Jan 15th. My employer will put me on Loss of Pay after that. My questions are :<br>
1). If I plan to wait for a decision on H1 extension, will I go out of status after Jan 15th and be staying illegally ?<br>
2). I have approved I140. Can I go back to India and apply H1 extension from there (in case this extn gets rejected), will this be considered cap exempt ?
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.
Dear Rajiv and Diane- you are an amazing team. As stressful as this process is- it was very reassuring to know we were in good hands. You guys are so prompt with your reply and the advise is practical and honest. We are very happy to say that you all are honest and hard working and very client focused.
Thank you again
I am with my current Employer since 2008. My GC is filled in EB2 with Aug-2010 Priority Date. Only I-140 is approved so far.<br>
1) Can my employer file me under EB-3 concurrently without affecting my existing EB-2 filling?<br>
2) If yes then what is the procedure for that? Do I have to do my labor and I-140 once again?
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.
Discussion Topics, Thursday, 24 January 2019:
FAQ: Green Card portability for EB-1C international managers or executives||What is the advantage of EB2 over EB3 category?|| Difference between final action dates for employment-based preference cases b. Dates for filing of employment-based visa applications ||
Other: Consequences of moving locations for H-1B and green card cases ||Green card through marriage||H-1B approval beyond six years based upon I-140 approval of another employer||Defining same or similar job for AC 21 portability||Cross chargeability||Converting from EB-2 to EB-3 ||Doing business on H-1B ||Changing employers from nonprofit to for-profit ||Rejoining an old job after a denial of an H-1B transfer||Difference between AC 21 portability and 240 days regulation to continue working on H-1B ||When is a Supplement J required?
USCIS and the Department of Homeland Security (DHS), in consultation with the Department of State (DOS), have announced the list of countries whose nationals are eligible to participate in the H-2A and H-2B visa programs in 2019.
USCIS will resume premium processing on Monday, Jan. 28, for all fiscal year (FY) 2019 H-1B cap petitions, including those eligible for the advanced degree exemption (the “master’s cap”). Petitioners who have received requests for evidence (RFEs) for pending FY 2019 cap petitions should include their RFE response with any request for premium processing they may submit.
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced today that applicants who have a pending affirmative asylum application with USCIS can now check the status of their applications online at uscis.gov/casestatus.
I really appreciate Mr. Rajiv, Kalpana, and their team for their work. They handled my case with utmost care and very professionally and did regular follow up with USCIS for the case status. They were always there to answer my questions and clarified them with almost details. I would highly recommend them if you have any immigration issues.
Applicants Can Now Request Certificates of Citizenship Online
Mr. Khanna, I would like to thank you and your staff for all of your direction, guidance and support throughout my green card journey. It was a bumpy ride with lots of barriers but the outcome was fruitful. I somehow forgot to share my feedback on the bestest services I received from your legal team and I sincerely apologize for that. Your firm really did an amazingly thorough and professional job and Words cannot give any appreciation justice. Thanks much to Bharathi, she was superbly positive, efficient and professional. I could not have wished for a better person to have dealt with it and the service I have received from you has been excellent. You have kept me well informed and up to date with everything. I would always refer your firm if the need ever arises for any legal assistance. Once again my heartfelt thanks and appreciation for you and everyone else worked on my case.
Best Regards
Anup