Date | Audio Recordings | Video Recordings | Questions/Topic for the Call | |
November 14, 2019 |
U.S. Citizenship & Immigration Services announced it will reopen non-military deferred action cases that were pending on August 7. Letters will be sent this week re-opening all cases that were pending on August 7.
Quotes and Excerpts from Rajiv on the article:
"The newly introduced proposal, in the context of applicability to the Indian diaspora in the US, will cover citizenship applications, applications for adjustment of status filed by those in the USA seeking to obtain green cards (such as H-1B workers, or those on intra-company transfers holding an L-1 visa). It will also apply to green card holders seeking re-entry permits (who wish to stay away from the US for two years)," explains Arlington-based Rajiv Khanna, Managing Attorney at Immigration.com
Discussion Topics:
FAQ: What if H-4 EAD's are revoked by the USCIS || Working on other projects while on H-1B|| Multiple H-1B approvals
Others: F-1 OPT, GC for parents, H1B RFE regarding Specific Specialty
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced a proposed regulation to improve the process for granting or denying an initial application for employment authorization documents (EADs) by reforming the current 30-day timeline pertaining to pending asylum applicants.
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) Acting Director Ken Cuccinelli issued the following statement on the Supreme Court’s decision to permit the enforcement of the Trump Administration’s asylum rule requiring asylum seekers to seek protection in at least one third country they traveled through en route to the United States.
WASHINGTON—USCIS announced that it will celebrate Constitution Day and Citizenship Day by welcoming nearly 34,300 new U.S. citizens during 316 naturalization ceremonies across the nation between Sept. 13 and 23.
Quotes and Excerpts from Rajiv on the article:
“Technology is our only edge in the commercial world and if we lose that, we fall behind. In order to maintain and enhance this, we need a system to attract and keep STEM graduates,” Rajiv S Khanna, Managing Attorney at law firm Immigration.com, said.
For more on this news please see the attachment.
My wife currently working on H4 EAD which is valid till October 2020. Her company filed for H1B this year and she got approval for 3 years starting 10/01/2019.
However, She would like to stay on H4 EAD. Does law permits her to work on H4EAD even after her H1B approved? or naturally her work visa status will convert to H1B effecting 10/01/2019?
Watch the Video on this FAQ: Effect of H-1B approval on H-4 EAD
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.
USCIS will consider certain fiscal year (FY) 2020 CW-1 petitions seeking an extension of status for temporary workers present in the Commonwealth of the Northern Mariana Islands (CNMI) to be filed on time, even if USCIS receives them after the worker’s current period of CW-1 petition validity expires.
Discussion Topics, Thursday, 19 September, 2019
FAQ: Effect of H-1B approval on H-4 EAD || Travel during H-1B amendment and using old employer's visa stamp || For how many years is the H-1B quota exemption valid? || Can a GC pending EAD holder move locations?|| Should I maintain my H-1B after filing I-485 Adjustment of Status || Nonimmigrant visa for a partner in an unmarried gay couple || Impact of multiple pending H-1B
OTHER: Multiple H-1 and H-4 pending || H-1B holder and F-1 holder getting married|| Consequences of simultaneously two H-1B approvals || Impact on green card if working for two employers || Impact of withdrawing LCA || Cross chargeability spouse not present at I-485 interview || Expediting EAD || Working a US job from Canada remotely || Can an employer refuse to produce tax returns? etc.
I had to travel to INDIA because of my Father's serious health condition on FMLA. Currently my H1-B amendment is in process, so I am looking for my options to travel back to US. Below are complete details.<br>
I have moved to my current employer in April 2019 and I have approved H1-B for 3years.<br>
Now because I am changing client and location, they have filed amendment and it is currently under process.<br>
I don't have STAMPING with my current employer but I have STAMPING with my previous employer until end of 2019.<br>
During Job change from my previous employer I have applied for H4 and also change of employer. Both got approved and I revoked my H4 application.
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.
Quotes and Excerpts from Rajiv on the article:
Rajiv Khanna, Arlington-based immigration advocate says: “Many of the cases where a change to student status is requested do get approved. But there are also cases where it is rejected owing to the boilerplate reason that the student has the entire family in the US, therefore they have no ties to their home country.” “The life of a youngster and the family unity should not have to depend upon the 'benevolence' of an immigration officer,” he adds
My 6 year period of H1b visa expires in Dec 2010 and my labor application is still pending for approval. It was filed in February 2009. Am I eligible to apply for a visa extension , if so when should I apply for that? I assume I still have time.
H-1 extension beyond six years can be obtained under two circumstances:
First, indefinite H-1 extensions in one-year increments can be obtained, if the I-140 (or I-485) was filed and the green card process was started a year ago. The GC process is started for:
- Labor Certification based cases (including PERM) the date for the begining of the countdown is the date when the labor certification is officially received:
- for PRE PERM cases - by the local office (SWA); and
A USCIS memo to CIS Ombudsman responding to his recommendation states that USCIS establish more uniform filing and review procedures for motions to reopen and reconsider among field offices and service centers as well as improve communication of those procedures to customers and stakeholders.
U.S. Citizenship and Immigration Services (USCIS) issued guidance on requesting deferred action for surviving spouses of U.S. citizens who died before the second anniversary of their marriage. Surviving spouses qualify for this temporary program if they were married to, but not legally separated from, their U.S. citizen spouse at the time of that spouse's death; did not remarry; and are currently residing in the United States.
United States Citizenship and Immigration Services (USCIS) would like to clarify to associations and their members certain regulatory requirements for filing petitions for H-2B classification on behalf of foreign workers. We are issuing this clarification so that the public can be better informed of filing requirements and avoid unnecessary denials of individual petitions that may be otherwise approvable. We have noticed a particular type of filing error in many H-2B petitions filed by certain associations on behalf of their members.
Last week we received an approval for a difficult change of status RFE. We were retained to respond to an RFE for a client who had no ties to his home country (India). Six years of his H-1 were over and he was trying to get into F-1 status. He had been working and studying in Europe before coming to USA on H-1. We presented the facts of our client's background with complete honesty and sincerity. No games (which is the way all our cases are presented). I am glad to report that as has always been my belief, truthful presentation works.
U.S. Citizenship and Immigration Services (USCIS) is reminding federal contractors and subcontractors that effective Sept. 8, 2009, they will be required to use the E-Verify system to verify their employees’ eligibility to work in the United States. In July, Department of Homeland Security (DHS) Secretary Janet Napolitano strengthened employment eligibility verification by announcing the Administration’s support for the regulation that will award federal contracts only to employers who use E-Verify to check employee work authorization.
My wife and I got our Passports stamped in San Diego, CA with our I-485 approval notice. Let me try to SQUEEZE in an approx. 750-day history (9/01/99 till date) into 4 paragraphs. The whole GC process through your offices was a REAL PLEASANT experience. I am sure that with your guidance, you and your team will scale NEW HEIGHTS with EASE and STRIDE, and HELP a LOT of people. I would like to thank all of your team members. In particular, I would like to mention the DILIGENCE and PREOFESSIONALISM of Diane Lombardo, in praise of which I apologize, as I am unable to get the RIGHT words. I ENVY your and your staff's CARE, PUNCTUALITY, CONCERN and UNDERSTANDING. I was THRILLED when Suman Bhasin returned my voice mail on Saturday. Also, I am really AMAZED at how you can respond to emails in spite of your busy schedule. Also the immigration forum (http://www.immigrationportal.com) is a NOVEL and WONDERFUL idea. You have once again proven your INNOVATIVENESS. Thanks a lot to you Mr. Khanna and your PROFESSIONAL team. Friends, if you need to get the job done right, hire Mr. Khanna. May GOD bless you and your TEAM with the BEST of the WISHES so that a LOT many souls like us, can see their DREAMS come TRUE. I am eagerly looking forward to working with you in the future. Thanks