The Department of Homeland Security (DHS) is extending the initial registration deadline for Temporary Protected Status (TPS) from May 20, 2015, to Aug.
Below are questions I have on the H-1B Amendment and H-1B transfer being filed almost at the same time with little gap with USCIS for the same person. The H-1B Amendment is in light of the new H-1B regulation that has been mandated by USCIS when there is a significant change in the Job Location of the beneficiary from the address mentioned in the initial Petition from the employer which was approved initially.<p>
1. Does the USCIS Last action rule apply in case of the below 2 being applied almost at the same time for the same beneficiary?<br>
a) H-1B Amendment with Current Employer<br>
b) H-1B Transfer to New employer while H1B Amendment is pending with Current Employer.<br>
2. If the answer for the above is 'Yes', then incase the H-1B Amendment Approval comes after the H-1B Transfer would the H-1B transfer to the new employer that was approved earlier be automatically nullified?<br>
3. If the answer for #2 above is 'Yes' Is there any way to request USCIS to consider the H-1B Transfer approval to new employer as the primary incase that get approved earlier and avoid the H-1B amendment to dictate the latest H-1B for a given employer? (I believe we can request USCIS to withdraw/cancel the Amendment but is this something that the new employer/employee can do or only the existing employer who was filed for H-1B amendment has the authority to request any cancellation/withdrawal of the H-1B amendment?)<br>
4. Also does the current suspension of H-1B premium processing apply even for the H-1B transfers (with a new extension for 3 Years) or is it only for new H-1B extensions of Petitions from the current employer?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
I am currently on EB-3. I have a company (say Company A) which is willing to file for my GC in EB-2 under 'Future Employment'. Do I or the 'company A' need to be aware of something on this front?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
The H-1 quota cuts down 50% or more applications each year.
Prevailing Wage and FIFO (First-in, first-out order)
All wage requests are being processed in less than 60 days. First-in, first-out order (FIFO) is being used. Requests for H-1B/PERM are processed in FIFO order as there is only one queue. The goal in the end is to process all wage requests continues to be 60 days.
Office of the Spokesman Washington, DC
June 28, 2010
On June 28, 2010, the U.S. Department of State published its Schedule of Fees for Consular Services in the Federal Register. The schedule includes fees for passports, immigrant visas and other consular services. The changes will take effect on July 13, 2010, 15 days after publication in the Federal Register. The revised fees will cover actual operating expenses for the 301 overseas consular posts, 23 domestic passport agencies and other centers that provide these consular services to U.S. and foreign citizens.
[Federal Register: June 28, 2010 (Volume 75, Number 123)]
[Rules and Regulations]
[Page 36522-36535]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28jn10-5]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF STATE
22 CFR Parts 22 and 51
[Public Notice: 7068]
RIN 1400-AC58
DOS published a cable on biometric signature and affirmation of the DS-160 NIV Application.
I am a holder of a US tourist Visa which will expire on July of 2011. I will visit the US on March 2011 to attend a wedding. If I go I will only have 4 months visa validity. Can I still use it with less than 6 months valid stay? I will stay only for 2 months the most.
Visa validity is required only to enter USA, not to stay. The stay period is determined by CBP (at the airport) when you enter USA. The stay is noted on a document called an I-94 (Arrival Departure Record). Even if the visa expires, you can stay till the end of your I-94.
My cousin has invited me to his wedding, and I got married October 31 2009. The thing is this - my current passport is not in my married name, can I just apply for the visitors visa with my current passport and bring my marriage certificate as proof of marriage? My current passport will be expiring in 2012.
There is no US law (that I can think of) requiring you to change your passport right away. I think you can travel. But eventually you should get it all corrected. Change to married name is not required, but I think the passport should accurately reflect marital status.
I filled my PERM application at the beginning of May 2009 and my employer check the status of the application and it still says "processing". According to the processing dates shown in your website, they are reviewing August 2009, What that means? Why my application has not been approved or denied?
The information shows an approximation. Times vary. If your application goes into a review and audit, it can take 2-3 years.
How important is your enrollment in selective services when you appear in a citizenship interview. Will the interview officer ask you about why u did not register in selective service.
I believe this can be a problem. You should speak with a lawyer. You will need to establish that the failure to register was inadvertent, not intentional.
Completing a naturalization application where the applicant is unable to recollect all the times
In situations where the applicant travels frequently on business or when an applicant is a long-time permanent resident who traveled frequently since first obtaining permanent residence the Chicago Field office accepts an affidavit attesting to approximate dates of travel.
[Federal Register: July 1, 2010 (Volume 75, Number 126)]
[Notices]
[Page 38145-38146]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01jy10-111]
-------------------------------
DEPARTMENT OF LABOR
Employment and Training Administration
Announcing the New National Electronic Job Registry for Use in the H-2A Temporary Agricultural Labor Certification Program
AGENCY: Employment and Training Administration, Department of Labor.
ACTION: Notice.
--------------------
State Dept. issued a visa policy update on an FAM change to clarify that posts may annotate blanket L visas with the name of the actual employer on the I-129-S even if that subsidiary or affiliate employer name is not in PIMS.
I was working in US on E-3 visa before H1B. Which means I entered USA earlier. When does my 6 years clock starts?
In that case, your 6-year clock begins to run on the date you converted (changed status) to H-1.
I just want to know if I can be eligible for an EB2 visa...I have a bachelor of science in occupational therapy in the Philippines and I am taking up an advanced degree in OT online here in the US..the question is...can I apply for EB2 after I had finished the advance degree in OT?
In my opinion, if your job requires an advanced degree, you can apply for EB-2.
My GC application has been filed under EB3. 140 has been approved, PD-08/2008. I hold a MS degree from US and possess 5yrs work experience. I've recently been moved to a new role. While the role itself don't require a MS degree, will I be eligible to file an EB2 application if the role required a BS + 5yrs work experience?
My Wife is an Indian citizen but was born in Kuwait and is on H4 currently. Is the concept of "Cross Eligibility" applicable to my GC application? If yes, how do we take advantage of it?
You can apply for EB2 if the job requires Bach. with 5 years of post bach. exp. and yes, you can use cross chargeability. Discuss details with your lawyers.
I am a F-1 student. My spouse is on F-2 visa and he is not supposed to work. If he works and it is found out, I know he will be expelled. How about my responsibility? Will I be also accused and be expelled?
You are not responsible for your spouse's illegal employment. I don't see how the govt. can hold otherwise.
1. Under what authority can the Department of Labor's Office of Foreign Labor Certification select an employer's application for supervised recruitment?
ETA News Release: [07/08/2010]
Contact Name: Lina Garcia
Phone Number: (202) 693-4661
Release Number: 10-971-NAT
Web tool will make it easier for US workers to learn about job opportunities in agriculture
I am here on an H1B and completed my BSC Nursing as well as obtained my state licence. What is the best way to proceed to get a job/visa in the USA.
Start with Optional Practical Training.
18-Month Extension of Temporary Protected Status for El Salvador
Automatic 6-Month Extension for Employment Authorization Documents Included
Heather Riddick and Rajiv handled my Green card process as well as my Wife's H4 EAD. Both Green card(So far I-140 is approved) and H4 EAD process(My wife has already received the approval) went fine and were approved. I feel their strength is proper planning and co-ordination with the client. Heather Riddick over sees all the details and verify the documents needed for the process every now and then before we file so no document is missed. Thank you Heather Riddick for all your effort. It is a great pleasure working with you. Your quick response all of my emails clarifications were one of the reasons for the success. Keep up the good work.
Rajiv on the other hand keeps team up-do-date with all current topics of immigration and that helps his entire team to stay on top of all issues. e..g is my wife's H4 EAD. USCIS had changed the I-765 form one day before filing and Heather was very proactive in downloading and filling the forms, send it out to clients to get their signatures. Even with the last minute change from USCIS she could file H4 EAD on time. Kudos for that. I would definitely recommend Rajiv and team for immigration work of any kind. Every dollar you spend as legal fee is worth.