Discussion Topics, Thursday, 11 February 2016:
FAQ: Traveling on EAD, Advance Parole, H-4; Does changing jobs require restarting green card; Returning to H-1 after I-485 EAD; Birth certificates and affidavits of birth, non-availability certificate, secondary evidence; E-3 visa change of employers and filing green card; Options after 6 years of H-1 are completed; Extending B-2 visa and status for dependent parent; Effect of change in project on EB-1C (International Managers/Executives) green card.
Other: H-4 for autistic son over 21; H-1 amendment location has changed; Using B-1 B-2 visa after Advance Parole expire, I-485 is abandoned; H-1 reuse and quota; I-140 priority date transfer and returning to old employer; H-1 quota if no visa was stamped; I-485 RFE; Correcting errors on Form I-130; Starting green card with new employer, porting (transfer of) priority date; AC21 changing jobs while RFE is pending; Denial of Form I-751, conditional permanent residence (green card); Resetting the clock on H-1B and L-1B; H-4 EAD issues; Applying for change of status from H-3 to F-1.
Use this form to petition for an alien worker to become a permanent resident in the United States.
Form 6; Instructions 10.
The deadline for eligible nationals of Yemen (and people without nationality who last habitually resided in Yemen) to register for Temporary Protected Status (TPS) is Tuesday, March 1, 2016. The TPS designation for Yemen runs from September 3, 2015, through March 3, 2017.
I had my interview at 10:15 on Jan 26 (Seattle, WA). I arrived at 9:45 but they wouldn't let me check in til exactly 15 mins before the interview time. They ran late so they only called me at saw me at 10:45. It took 30 mins. The officer interviewing me was quite young and initially very formal but by the end he was chatting with me, really friendly and nice. Went over every page of my application and asked me to answer pretty much all the questions orally to check my answers against the form.
It has been a great working with Mr. Khanna and his team, especially Miss Diane. Visa and Green Card processes sometimes are very laborious and tedious too, especially if you have a very long wait time for the approval of your case or RFE. Both Mr. Khanna and Miss Diane answered all the queries I had very patiently, guided me and my wife properly throughout the immigration process. They thoroughly studied my case scenario and provided very honest and practical solution. They always got back to me in timely manner whenever I had any doubt or question. I strongly recommend Mr. Khanna's law firm for resolving any visa or immigration issues you may have!
Effective February 25, 2016, new guidance in the USCIS Policy Manual provides information on the general policies and procedures for adjustment of status to lawful permanent residence as well as adjustment under section 245(a) of the Immigration and Nationality Act (INA).
Topics for Discussion, Thursday, 25 February 2016:
FAQ: Can I travel during the pendency of my (B-1, B-2 extension, H-1, H-4, H-4 EAD, L-1, L-2, I-130, I-140, I-485, I-485, Advance Parole, Reentry Permit etc.) case? When should I join my future green card employer, also recapturing time on L-1B; Can a denied H-1B petition make you cap exempt; Special immigration options for UK citizens; How to correct errors on a submitted Form DS-260.
Other: Effect of abandoned change of status from F-2 to F-1; Time for non-premium processing of H-1B employer transfer and process for H-4; Green card or status for autistic son; CSPA for family-based children and disclosing pending immigration application when applying for a student visa; Changing employers after I-140; OCI; The new I-140 regulations; Status when H-1 is denied; Options for addressing H-1 processing delays; Affidavit of support from a person domiciled outside the USA; H-1B extensions based upon old employer’s I-140; Cross chargeability; H-1B quota exemption, etc.
U.S. Citizenship and Immigration Services (USCIS) announced a series of enhancements to make its website and online products easier to use on mobile devices.
Visitors will find uscis.gov and the Spanish site uscis.gov/es easier to read and use because the content now automatically adjusts to fit the screen of a smartphone, tablet, laptop or desktop computer.
Processing Time report has been released for NBC, VSC, TSC, NSC and CSC.
Please visit this link for more details.
http://www.immigration.com/uscis-service-center-processing-times
I have questions related to I-140 denial & refile.
My first I-140 got denied in Jul 2013 due to 'unknown' reasons to me, but I suspect it's A2P. After 2 years now they told me that they are refiling it and will not lose the PD if approved. They didn't ask any info from me. Now my questions are:
1) Is it possible to 'refile' I-140 with same old PERM after 2 years of first I-140 rejection?
2) How many times can we 'refile' I-140 on same PERM?
3) Can we do 'refile' under premium?
FAQ Transcript:
The rule is once PERM is approved the I-140 must be filed within 180 days. If you do not then your PERM is extinguished and you will have to start all over again. However if you file I-140 within 180 days and then for some reason you have to file again, then 180 day limit does not apply. Let me give you an example: Let us say you’re I-140 was denied, you filed it within 180 days and you forgot to submit an education evaluation or because of some technical reason or a serious reason such as the inability of the employer to prove that they have the capacity to pay your wages. You can file an I-140 three years down the line. You are no longer confined to the 180 day deadline because when the first time around when you filed you were confined to the 180 days deadline.
Now the answer to question 1: Yes.
The answer to question 2: No limit that I know of as long as it is done in good faith.
The answer to question 3: This is a tricky question. USCIS has said if you still have the original of the PERM and it has not been archived then they will take the premium processing only if they have the originals in their possession. If it was never submitted or if the case has been shelved they will not take premium processing.
Note: Where transcribed from audio/video, 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.
Rajiv Khanna and associates helped me in my Green Card processing since Nov 2015 and recently they did an excellent job to clear my I-140 approval. Fortunately I didn't receive any RFE, was mainly due to the well preparation of my application by one of the lawyer in the lawyer group. I got my I-140 approval in two weeks super timing. It was due to a great job and effort done by the Rajiv Khanna's office and their associates. I full heartily appreciate their excellent work and would recommend them to anyone without hesitation who are looking for a good immigration lawyer for their Green Card or any other immigration related work. Thanks