Discussion Topics, Thursday, 21 February 2019:
FAQ: H-1B Employer deducting money from salary || Getting a second job after green card approval || Filing employment based green card while living outside USA ||
Other: Converting pending cases to H-1B premium processing/H-4 EAD || I-485 EAD Advance Parole|| Filing N-470 || Getting H-1B extensions based on of I-140 approval of spouse || Three days out of status between H-1B approvals || H-1B remedy for non payment of wages due to government shutdown || Going from cap exempt H-1B to cap H-1B || Traveling on H-1B visa of previous employer||Filing employment based green card while living outside USA.
Number 27
Volume X
Washington, D.C
Effective immediately, USCIS will begin accepting copies of negative consultation letters directly from labor unions relating to a current or future P nonimmigrant visa petition. A consultation letter from a U.S. labor organization is generally required for petitions in the P visa classification, which covers athletes, artists, entertainers and their essential support personnel.
uidance Clarifies Agency Requirements for Petition
USCIS will resume premium processing on Tuesday, Feb. 19, for all H-1B petitions filed on or before Dec. 21, 2018. If you received a transfer notice for a pending H-1B petition, and you are requesting premium processing service, you must submit the premium processing request to the service center now handling the petition.
U.S. Citizenship and Immigration Services (USCIS) has received enough petitions to meet the congressionally mandated H-2B cap for the second half of fiscal year (FY) 2019. Feb. 19, 2019, was the final receipt date for new cap-subject H-2B worker petitions requesting an employment start date before Oct. 1, 2019. USCIS will reject new cap-subject H-2B petitions received after Feb.
PERM Processing Times (as of 1/31/2019)
I had an approved i140 from employer A for over a year. And my wife has her H4 and EAD approved recently (employer A).
In between, I switched to a new employer B and they have filed her H4 and EAD together with my H1b application. Currently her H4 & EAD is pending from employer B, but my H1b from employer B is approved. my i140 with employer B is not started yet but previous employer i140 was approved for more than 180 days. In this scneario, can the H4EAD approved with my previous employer A's i140 can still be used/valid?
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 parents are getting ready to file their N400 naturalization application online soon. Here is their situation :
They got their Green Card ( I sponsored them) in April 2013. They have made four trips to India , two of which were less than 32 days. However one trip in 2013-2014 was for 204 days but this trip is outside of the 5year look-back period now. They took another trip in in August 2014 ,returning in March 2015 for a total of 193 days outside. They had to stay back longer due an unexpected health issue when my mom had to undergo surgery. They have paid filed their tax returns as a resident for every year since getting their GC even-though they do not owe any taxes - they do have some passive income in India. They do live with me and while they have bank account there are not many transactions in it. Also they have medical coverage through ACA where they get premium assistance. Would 5 years of tax returns along with medical documents that show my Mom's diagnosis and surgery followed by physiotherapy be sufficient to overcome the presumption of abandonment of residence in US because they stayed about 13 days more than 180 during their trip in 2014-2015 ?
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.
The USCIS Contact Center is currently experiencing higher than normal wait times for callers to speak to a representative. While the center is working to resolve this, the center encourages you to use the online tools.
Our client received a decision denying his request for naturalization based on allegations that he failed to continuously maintain lawful immigration status since initial entry.
Changes will increase transaction security and reduce processing errors
WASHINGTON—On Feb. 25, U.S. Citizenship and Immigration Services (USCIS) expanded the fee payment system used in field offices to 16 additional offices:
USCIS denied our client’s Form I-485, alleging that the applicant failed to demonstrate eligibility for adjustment of status because a final disposition regarding a criminal charge under India’s Dowry Laws was not provided.
We recently filed an application for an EAD based on compelling circumstances for a client with a serious, debilitating medical concern. The applicant was on an H-1B status.
Recently, there was an ICE raid on students enrolled in University of Farmington, Michigan. I was temporarily enrolled for a year and half there (Feb 2017 - Nov 2018). I left USA on my own volition in May of 2018. The univ eventually terminated my SEVIS for non-payment in Nov 2018. I'm looking to apply for a tourist visa to USA. What potential issues might arise?
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.
First of all I wanted to thank you Mathew & Rajiv Khanna for their superb service during my Green Card Process. Below is the my story: I applied for Green Card at 2003 under EB3 category and my priority date was Dec 2003 via Company X when I was working for Company Y. After years of waiting I decided to ask for the possibility of applying via EB2 category for Company Y. Rajiv & Mathew has studied my case throughly and decided to go ahead with Eb2 process. Perm Labour took 2 months, I-140 took 15 days (premium processing), I-485 porting took 4 months. Totally it took almost 14months to get my Green Card under EB2.
Our GC process fell apart when the company was closed which put us out of status since my huband and i were on EAD and Rajiv and his team helped us in get our H1-B and H-4 visas. We had made some mistakes in the filing of my H1-B and so was denied and was at a risk of having to go back to India since i was out of status but it was a diffcult option since i was pregnant so with the help of Rajiv's team i was able to get my H4 with an i94 and did not have to travel back to India. I thank Anna, Judi, Jagbir and everyone else who worked on our case.
Date | Action |
March 28, 2011 | Letter sent to Meera Shankar and Rajagopal Lagadapati |
Feb 23, 2011 | Letter sent to President Obama |
April 15, 2011 |
TVU Students With NTA's -Meet With ICE, April 15 at 10.30 am |
I contacted immigration.com., and got an email back the next day, and phone consult set up with Rajiv Khanna two days later. He was extremely helpful, explaining to me the weaknesses and opportunities of my case, and actually gave me some reference point to talk to my employer. I am grateful to Rajiv and his staff for their assistance, and would wholeheartedly recommend them to anyone looking for quality legal opinion on their immigration cases.
Table A provides approval and denial data for petitioners of the I-140, Immigrant Petition for Alien Workers - (E-11 Extraordinary Ability, Professors, Researchers, or Executives)
Table A: I-140 E-11 Approval/Denial by Fiscal Year 2005 to 2010
Fiscal Year |
Approvals |
Denials |
Approval Rate |
[Federal Register: February 25, 2011 (Volume 76, Number 38)]
[Rules and Regulations]
[Page 10498-10500]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25fe11-7]
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DEPARTMENT OF STATE
22 CFR Part 62
[Public Notice: 7346]
RIN 1400-AC67
Exchange Visitor Program--Fees and Charges
AGENCY: Department of State.
Jan. 27, 2011
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced today that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2011. USCIS is notifying the public that yesterday, Jan. 26, 2011, is the final receipt date for new H-1B specialty occupation petitions requesting an employment start date in FY2011.
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