Our case was initially filed with VSC in March, 2001 (EB2 and future-employment based, the petitioning company is located in NJ and we always work in California).
For a CBP port of entry, what is the procedure available to seek supervisory review of an officer’s refusal to admit a citizen of Mexico to the U.S. for the period of offered employment up to three years?
U.S. Customs and Border Patrol (CBP) indicates that, in instances in which an officer refuses to admit a TN applicant for the period of employment up to three years, the applicant can ask to speak to the Supervisory CBP Officer who is assigned to the area in which the inspection took place. If this does not occur, an inquiry with the Special Cases Office could be initiated in order to have the admission reviewed.
The following case is an example of USCIS blanket revocations based upon criminal convictions. Fortunately, USCIS did keep an open mind and permitted us to show the law and the facts in their proper light without having to go to the Court over this.
The following two cases demonstrate how USCIS, an "expert" agency, can misread immigration forms, causing unnecessary anxiety and expense for people.
Isn't it true that, in determining whether the offered job comes within a NAFTA covered occupation, CBP Officers must evaluate the job duties as described in the employer’s statement supporting the application for admission and that the job title alone does control the determination?
U.S.
Would an engineer with the job title of sales engineer or engineering manager be approved for TN classification if the job duties will require the application of engineering principles in support and promotion of technical products?
U.S. Customs and Border Patrol (CBP) indicates that, due to the fact that Sales Engineer or engineering manager is not among the professions listed in Appendix 1603.D.1, such an individual would not be approved for the TN classification.
K-1 visa holders are limited to a single entry. May a K-1 visa holder nevertheless take advantage of automatic visa revalidation?
Yes. U.S. Customs and Border Patrol (CBP) indicates that there is no law or regulation that precludes K-1 visa holders from benefiting from the automatic revalidation provision, provided all entry requirements and criteria are met, and their K-1 status has not changed since their initial K-1 admission.
Whom should we contact in the case of an erroneously issued I-94 cards, i.e., incorrect expiration date such as when the expiration date matches the visa expiration and not the I-797 approval notice? How do we reach this person? Which Ports-of-Entry (POE) may correct such a card?
U.S. Customs and Border Patrol (CBP) indicates that, if an I-94 has an error, any POE can correct. If I-94 expiration date is based on the limitation of the travel document (i.e. passport expiration date), then this is not an error that will be corrected.
If I am applying for concurrent employment on H-1, can I extend my status based on my new employment, or can it only be for the time I am already approved for?
You can extend your time, assuming that you would be otherwise eligible for an extension of status.
Has USCIS provided an update on premium processing for EB-1-3 multinational managers and executives. At the AILA conference in Nashville, it was reported that it would be available by the end of the fiscal year.
USCIS does not anticipate expanding Premium Processing Service to include EB-1-3 multinational executives and managers for the foreseeable future.
USCIS memo on amending the Adjudicator’s Field Manual (AFM) to provide guidance on whether an “adoption” is valid for immigration purposes.
Please check the attachment to read guidance memo.
Here is a recent visa stamping experience narrated by one of our team members.
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I went for an H-1B visa stamping at the U.S. Consulate in Toronto, Canada, in November 2012. This was my first H-1B visa stamping.
USCIS performance data containing information on the Victims of Trafficking (T visa) applications and the Victims of Crime (U visa) petitions. The number of receipts, approvals, denials, and pending cases are displayed by office for FY2002 to FY2012.
Please check the attachment to view T and U visa statistics.
USCIS resource providing the service-wide military naturalization average cycle times by month from FY2010 to FY2012.
Please check the attachment to see the statistics.
AAO Processing Times as of December 1, 2012 |
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Time |
Case Type |
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I - 129 CW |
CNMI-Only Nonimmigrant Transitional Worker |
Current |
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I - 129 F |
New fee allows USCIS to recover the costs of processing immigrant visas after individuals receive their visa packages from the Department of State abroad
Thank you all and Mr Khanna for the help that you offered through the Review service. I truly apreciate your time, inputs and interest in answering most of the questions. Regards SP
This policy memorandum (PM) provides guidance relating to certain U-3 derivative nonimmigrant petitions that are being held for final adjudication or have had their prior approvals limited in time due to the derivative aging-out.
Please check the attachment to read memo.
Media Note
Office of the Spokesperson Washington, DC
December 14, 2012
U.S. Ambassador to Canada David Jacobson and the Canadian Minister of Citizenship, Immigration and Multiculturalism Jason Kenney signed a U.S.-Canada Visa and Immigration Information-Sharing Agreement on December 13, 2012.
If USCIS issues a Notice of Intent to Deny after the onsite inspection, is there any way that an R-1 petition can still be approved?
If an onsite inspection yields derogatory information not known to the petitioner, USCIS will issue a Notice of Intent to Deny the petition. The petitioner may submit additional documentation to rebut the derogatory evidence. In addition, if the petition is denied, the denial may be appealed to the USCIS Administrative Appeals Office.
The employer who is going to sponsor my petition has told me that I will be working in more than one work location. Will USCIS see this as a problem?
The petitioner (your prospective employer) will need to submit a complete itinerary of services or engagements if you will be performing services in more than one work location. Furthermore, the petitioner must comply with Department of Labor regulations requiring that an LCA is filed specific to each work location for the beneficiary.
I am thankful to Shri Rajiv Khanna and his team for great services and guidance throughout the process.My employment based green card is approved.All my family members too are approved.My special thanks to Ms.Prerna Mehta for her wonderful service.
But for Rajiv's team's friendly,professional,prompt,educative relationship I guess the long journey of 3+ years would not have been so pleasant.
Once again I would like to thank all the team members of this great office. I sincerely recommend this office for all immigration related services.