Discussion Topics, Thursday, September 30, 2021:
FAQ: Obtaining student or visitor's visa while a green card is pending || Continuing to use H-1B when I return on Advance Parole || Nuances of changing employers during the green card process || Green card holder working on multiple jobs - Is it legal? || How long can green card holders stay outside the U.S.? || Effect of a career change on naturalization process and timing.
Published by: The Times Of India - Date: October 02, 2021
Quotes and Excerpts from Rajiv in the article:
We filed an H-1B extension petition for a small software company that offers customer software and technology solutions to the local clientele. USCIS approved the classification portion of the petition, but denied the portion of the petition requesting an extension of stay. USCIS stated that beneficiary had failed to maintain his nonimmigrant status because his H-1B status had expired prior to the filing of the H-1B extension petition and he was only in an authorized period of stay because of a pending extension request from the previous employer.
We responded to a Form I-485 Request for Evidence to prove that approximately a decade ago the permanent residency applicant had, in fact, attended two U.S. universities as he had claimed in previously approved petitions. Both universities had been certified by ICE under its Student and Exchange Visitor Program (SEVP) during the applicant’s attendance.
We filed an H-1B petition for a company that provides IT related services, on behalf of the beneficiary, a software developer. An RFE was subsequently issued, responded to and then denied as failing to prove that petitioner established that sufficient speciality occupation work was available and that the position qualified as a specialty occupation. We filed an appeal with the Administrative Appeals Office, the appeal was sustained and the petition was remanded back for issuance of an approval notice.
We filed an H-1B extension petition for a software consulting and professional services firm on behalf of a software architect requesting status and work authorization for a duration of three years. The extension was, however, approved for a duration much shorter than requested and the approval notice was both dated and received after the shorter validity period had already expired, thereby destroying the legal status of the employee and causing him to accrue unlawful presence.
| Form Type | Case Type | Completed 0-180 Days | Quarterly Completions |
|---|---|---|---|
| Cumulative total of all completions | 47.50% | 1,061 | |
| I-129CW | Petition for CNMI Nonimmigrant Transitional Worker | 100% | 3 |
| I-129E2 | CNMI Treaty Investor | 100% | 5 |
| I-129F | Petition for Fiancée |
Number 59
Volume X
Washington, D.C
A. STATUTORY NUMBERS
This bulletin summarizes the availability of immigrant numbers during November for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.
Discussion Topics, Thursday, October 14, 2021:
FAQ: Reentering the U.S.A. on a Visitor’s/Tourist Visa Soon After Leaving || Can GC-EAD holder start business and what impact on the pending I-485? || FAQ: Can GC-EAD holders start a business and what impact on the pending I-485? || Is there a problem listing one location in a PERM application while living and working remotely in a different location? || EB-2/EB-3 Options in PERM Filing and EB-2 to EB-3 downgrade and upgrade
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | May 2021 |
| Audit Review | November 2020 |
| Reconsideration Request to the CO | May 2021 |
USCIS recently updated the following USCIS form(s):
Consideration of Deferred Action for Childhood Arrivals
08/31/2021 12:09 PM EDT
Starting 12/20/21, USCIS will only accept the 08/31/21 edition. Until then, you can use the 04/24/19 edition. You can find the edition date at the bottom of the page on the form and instructions.
Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA)
08/31/2021 11:12 AM EDT
Release Date
10/20/2021
Eligible Hong Kong Residents May Apply for EADs and Travel Authorization
Release Date
10/20/2021
U.S. Citizenship and Immigration Services is issuing updated and comprehensive guidance in the USCIS Policy Manual on adjudicating applications for T nonimmigrant status (or T visas) submitted by victims of human trafficking, including clarifying how applicants establish eligibility.
As part of the credit card payment pilot program, the Vermont Service Center is now accepting credit card payments using Form G-1450, Authorization for Credit Card Transactions, for petitioners filing Form I-129, Petition for a Nonimmigrant Worker, for O and P nonimmigrants.
We won this case by submitting evidence of this applicant's substantial publication record as well as numerous recommendation letters which outlined the innovative work performed by the applicant. In addition, referees described the applicant as "one of the best in the field" for his significant discoveries in the biological chemistry industry. The applicant was employed with a very prestigious research institute which only hires the top scientists in the world.
We won this case for an applicant with over sixteen years research experience. She had a substantial publication record. Her expertise was sought for a collaboration with top researchers from the industry. Her contributions to research and academics and her significant international recognition were described in detail in the ten exceptional recommendation letters.
We were able to provide evidence of this individual's membership in a prestigious professional society, international honors and numerous letters of recommendation from industries leading scientists. This individual acted as a judge of the work of his research peers. We were able to provide 15 letters of recommendation reflecting the innovative work performed by this applicant. We also provided evidence to show the extensive citations of his findings.
"Went to the local Houston USCIS office by 4:50 am on friday Jul 11, 2003 and found myself behind 100 people (folks camping out...looked like a slumber party
. They sure let us in by 6:15am and got a number (186) & processed by around 12:45pm.
We won this case based on the applicant's critical role in a key U.S. Air Force project. His level of expertise in this specialized field was highly sought after and necessary to achieve the military's objectives. We provided letters from experts in the Air Force stressing their need to keep the applicant on the project or else it would fail.
We won this case for a tenured-track professor with ten years research and teaching experience. The applicant was a critical component to a U.S. Department of Energy funded project. The applicant was also the key element to securing National Science Foundation funds for his employer. His vast knowledge of inorganic chemistry and his unique multidisciplinary background was proven throughout his numerous recommendation letters offered by experts around the world.
We won this case for the applicant who is considered a leading expert in international affairs, particularly Indo-Chinese relations. We utilized eight detailed recommendation letters which highlighted the importance of this applicant's vast knowledge on China and his outstanding expertise on nonproliferation and security affairs. He had over twenty publications on this critical topic at the time of filing.