The Ethiopian First Instance Court has temporarily stopped accepting cases involving abandoned children from orphanages in Addis Ababa, citing concern over a recent increase in the number of abandoned children being brought for adoption. The number of abandoned children from orphanages in Addis Ababa has grown dramatically in recent months and Ethiopian authorities have become aware of possible cases of unethical practices associated with some of them.
1. I see few cases where CIS has sent an RFE to ask for Employment Verification Letter (EVL). When does this typically happen?
2. For cases where in the EVL was already sent along with the I-485 application, what are the reasons usually for CIS asking EVL again?
3. I had taken an Infopass few months ago, and they had said my I-485 application is pre-adjudicated. What does this mean?
1. EVL can be asked for at any stage of AOS/I-485 process. It is REQUIRED when you submit the 485, but thereafter it is discretionary.
2. The main reasons are that USCIS has to make sure you still have a job and the job is "same or similar" to what was described in the labor cert (or I-140 for EB1).
3. This means your application has been reviewed and adjudicated to be approvable. So, USCIS is just waiting for the visa numbers to be current.
I-131 and I-765
With the exception of the I-765s for OPT for which there is a few weeks lag time all other I-131s and I-765s are being worked by the NSC as soon as they arrive at the center.
Screening of cases
DOL persuades users to use the new iCERT
The old LCA system will be extended by DOL starting from May 14, 2009 to June 30, 2009. Hence DOL urges users to use the new iCERT during the transition period and to send a feedback on bugs by email.
Some of the new features implemented by DOL with the launch of the new system
NSC has reported that they are trying to pre-adjudicate cases so when the priority dates become current, an approval notice is sent immediately.
I am on H1B. If applied for GC through Family Based 4 category (brother/sister) can I apply for extension of my stay after my 6 yrs H1 period once the I-130 approved? Or this extension request is applicable only on Employment Based processing after Labor clearance?
You cannot. This extension is available only to employment-based applicants.
I-140 backlog
USCIS has recently updated the number of petitions they have pending. The backlog for I-140 was 40,000 in October and now it is down to 10, 000.
I-485
USCIS has indicated that the EB-485 team at the NSC center is pre-adjudicating cases and will be ready to approve cases as soon as the priority date becomes current.
Filing an appeal
USCIS states that as of May 22, 2009 it has received approximately 45,700 H-1B cap-subject cases. So, the cap is still not reached. Also, USCIS has received approximately 20,000 petitions qualifying for the advanced degree cap exemption. USCIS will continue to accept both cap-subject petitions and advanced degree petitions.
My previous employer didn't pay me for 7 continuous months in 2006, Current employer is going to file I-140 and I-485 based on my EB2 PERM. I have all W2 and Pay stubs except that period. will that going to affect my GC application ? Please let me know what are the possible consequences of that. I didn't know about that 180 days rule.
Pursuant to section 245k of INA, an employment-based applicant and their family can file for an AOS (I-485) if they have been out of status or have worked without authorization for less than 180 days. The protection period is counted since the date of your most recent entry into USA. So if before filing I-485, you leave USA and reenter, you should have no issues. There are other ways to fix this also, but this is the most direct.
See attached USCIS Neufield Memo of 14 July 2008.
Family members of the H-1B foreign worker are admitted to the United States in the H-4 category. Qualifying family members include only the spouse and unmarried children under 21 years old. H-4 dependents are admitted for the same period of time for which the H-1B foreign worker is admitted. H-4 dependents may alternatively be admitted in other nonimmigrant categories for which they qualify. H-4 dependents may undertake studies while remaining in the H-4 category, however, they may not engage in any form of employment.
My sister's F4 application was approved 1997 and she is due to go for her interview any day. My question is - I was recently made aware that although at the time the application was made and approved her 2 kids were under 21, but now 12yrs later they are both over 21. What is the next step to take. I was told she has to petion them onece she is in US and the priority date will be from 1997. Is that true? How does that work?
Ans. Please check the link for Child Status Protection Act (CSPA).
Contact the consulate for their assessment.
I filed I-130 for my parents in April 09 which is still pending. They have 5 years multiple visa and they been here 4-5 times already. Is it ok for them to visit for a month again while their I-130 is still in pending status?
The answer is it is unlikely, but not impossible, that they will be permitted entry if CBP finds out about the I-130. If it were my own parents, I would probably not take the chance.
I filed I-130 for my mother at beginning of April. Now I want to file I-485 as part of the concurrent filing. Can I just file I-485 and attach a copy of I-130 notice? Please advise what I should do. Thank you
I think you can and there should not be any problem. As to where to file, call USCIS customer service. 1 (800) 375-5283.
Divorced from my husband and need to file for removal of conditions (status: permanent resident), i.e. to apply for a waiver of the requirement to file a joint petition due to termination of marriage. How do I proceed? What documents do I need to file for removal of conditions based on the situation I am in.
You will need the waiver as you have said. Read the instructions on Form I-751. What you will be required to prove is that the marriage, when entered into, was in good faith and not to get a green card.
The CIS Ombudsman upcoming teleconference titled "USCIS Change of Address: How Is It Working For You?" scheduled for May 26, 2009, 2-3 p.m. EDT.
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CIS Ombudsman released a recommendation on "Improving the Filing and Review Process for Motions to Reopen or Reconsider."
1. I have been on H-4 for almost 3 yrs now, and starting my MS in Spring 09 (on H4 status itself). But now I want to change to F-1 for personal reasons. I have the following doubts. request your clarification:
If I want to get my F-1 stamped from India, do I need to submit I-539 form also to the ISO of my school ?
2. How long should I be on F-1 before when I will be eligible to apply for OPT and work using the same?
3. If I want to start working as a grad assistant from Fall 09 semester, do I have enough time to apply for a change of Status through USCIS, CA ? Will I get an approved F-1 by then ?
1. No. An I-539 is used if you want to change status within USA.
2. You need to check with your school about CPT. The requirements for OPT as I recall are two full semesters on F-1.
3. No one can predict that. Sorry.
Thanks a lot to Law Offices Of Rajiv S Khanna for doing an excellent job to get my H1 and my wife's H4 renewed. My case was a little complicated and my employer has very little knowledge about the whole process, but Rena and Anna did an outstanding job in preparing the job description letter and coordinating with my employer. They are both extremely polite and patient and are very prompt in responding to emails/phone calls.
Thanks a lot to both Rena and Anna for all their help and special thanks to Rajiv for his expert advice.
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We have applied our I-140 and 485 petitions through Rajiv's law office. We received our GC approvals the other day.
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I would like to thank Mr.Rajiv and his team (especially Anna Baker and Fran Fischer) for getting my H1B transfer with extension. It may sound simple but both my I-94 and Visa were expired for more than 240 days and my extension with the previous employer was pending with USCIS for almost 9 months. We were really impressed with the way the case was prepared and presented to the USCIS. Anna Baker and Fran Fisher was very supportive during the entire process and answering even the simplest of questions promptly. I was surprised one evening when Anna called me at 7:30 PM to discuss about the case. That shows the level of professionalism by LORK's team. I would recommend LORK for all immigration needs.
Navin
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COMMENTS: I heard a lot about Rajiv S. Khanna's legal firm through a friend of mine and true to his word, they have proven themselves. Rajiv S. Khanna's firm has been very CONFIDENT, WELL INFORMED, HELPFUL AND PROMPT throughout the case. ABOUT MY CASE: I work for a Software company (around 300 employees) with branches throughout the world. I had to go to India for 1-2 years to train our off-shore team and streamline processes for handling US Clients. I already had a GC for about 2 years. I was worried about my stay out of US as it would hinder US Citizenship processing. N-470 seemed to be the best approach (as it would treat my stay out of US for business/employment purpose, as if I was in US). For e.g., Without N-470: Apart from other requirements for Citizenship, following must be fulfilled. . Has been physically present in the United States for at least 30 months out of the previous five years (absences of more than six months but less than one year shall disrupt the applicant's continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period) has resided within a state or district for at least three months. With N-470: If you live outside US for about 2 years on business/employment purpose, then these 2 years are counted as residing in US as long as we abide to the rules for N-470. The entire process took about a year (ie. time between submitting N-470 and getting the approved N-470 via mail) Some of the requirements are: 1. Must be on GC for at least 1 year with continuous residency in US (without any absences from US for 1 year). 2. Must apply for N-470 before leaving the country. 3. Must have a valid reason and supporting documents to show that your company is sending you to its sister company for the purpose of business improvement. 4. Apply for I-131 (Re-entry permit) before leaving from US on your assignment. Rajiv's staff has been very helpful and has all the information on how to apply for N-470. They even provided counseling to help me understand the requirements and if I qualify for N-470 before taking up my case. Good Luck...