USCIS Releases EB-5 Stakeholder QAs
Please read the attachment for "EB-5 Stakeholder QAs".
Please read the attachment for "EB-5 Stakeholder QAs".
Please check the attachment.
I have come here with my husband who is on L-1 visa. I have L-2 visa. What work opportunities are there if I have no EAD. Second,I have gone to the office to get SSN. But the lady there told me that I don't require that and they refused to give me.What could be the reason I didn't get that. Can I apply for EAD if I don't have SSN? I'm here in US for 6 months. I want to work as I have done my MBA.
I am working in USA on my H-1B right now and my wife is on H-4B. My H1 is valid until 2013. I am planning to leave my job within next few months. After that, we want to visit entire USA for few months before I go back home. Can I change from H-1B(for myself)+ H-4B(for my wife)or B-2 Visitor for both?
You can and should apply for B2 for both.
On June 29, 2011, Ombudsman January Contreras submitted the 2011 Citizenship and Immigration Services Ombudsman’s Annual Report to Congress.
In her opening message, Ombudsman Contreras writes:
The U.S. Refugee Admissions Program (USRAP) is an inter-agency effort involving a number of governmental and non-governmental partners, both overseas and domestically, whose mission is to resettle refugees in the United States. The U.S. Department of State’s (DOS) Bureau of Population, Refugees and Migration (PRM) has overall management responsibility for the USRAP and has the lead in proposing admissions numbers and processing priorities.
Wages for the 7/2011 - 6/2012 program year are now available and are effective 7/1/2011.
The Foreign Labor Certification Data Center is the location of the Online Wage Library for prevailing wage determinations, and the disclosure databases for the temporary and permanent programs. To access our databases or downloadable files click one of the links below.
Online Wage Library
I would like to thank the team of Mr. Khanna. He has been of great help. Initially they filed my case for H1B and got approved with no problem and now I am applying through Mr. Khanna and Mr. Mathew for EB2 GC. My case is very complicated so Khanna ji gave two consutations without any charge and spoke about all the details. My employer offered me her attorney but still I have so much of confidence in Mr. Khanna that I am filling through him. I am sure despite my case being so different, he will leave no stones unturned to represent my case in the best manner. I will update as we will progress. Once again Mr. Khanna thanks for being so cooperative and visionary.
I did three year bachelor of computer science degree from India in June 2005.Then I joined master of computer Applications program (M.C.A) in India in Aug 2005 (3 year program). While still being enrolled in masters degree program, I joined a full time job in a software company in Jan 2006. I was awarded master of computer applications(3 year degree)in 2008, until dec 2010 (5 years) I worked with the same company in a full time job. after i moved to us. Now I am working with US based company from 7 months as a full time employee.(total experience 5 years 7 months).Do I qualify for EB-2.
You qualify.
I have a brother here in US who is diagnosed with cancer. I would like my mom and brother who live in India to come and visit him. What type of visa should they apply for in India and how long will it take? On which visa can they come as soon as possible.
Tourist visa seems to be appropriate. Times vary by consulate and are usually very short -- often visa is issued the same day an application is made. You can also get an appointment for emergent reasons.
[Federal Register: July 7, 2011 (Volume 76, Number 130)]
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From the Federal Register Online via GPO Access [wais.access.gpo.gov]
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Department of Homeland Security
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Semiannual Regulatory Agenda
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Telecon Recap: Application Processing Times: A Conversation with USCIS Office of Performance and Quality
Overview
On April 27, 2011, the Citizenship and Immigration Services Ombudsman’s Office (Ombudsman’s Office) hosted a public teleconference regarding U.S. Citizenship and Immigration Services (USCIS) processing times and interviewed Mr. Joseph Moore, Chief of the USCIS Office of Performance and Quality (OPQ), for this conversation.
Mr. Moore provided a brief overview of the functions of OPQ, as summarized below:
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
Immigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney Rajiv Khanna
FAQs
- Switching employers while one's spouse is on an H-4 visa and the steps to ensure a smooth return to the U.S.
- H-1B or green card misrepresentation: Legal options and consequences for fighting back against USCIS
- Options for extending stay in the U.S. after layoff as an international student pursuing a Master's in IT
- Potential visa complications for an H-1B visa holder due to past employment with a blacklisted company and alternatives for obtaining an H-1B stamp
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Processing Queue | Priority Date |
---|---|
Analyst Review | July 2022 |
Audit Review | April 2022 |
Reconsideration Request to the CO | August 2022 |
Published by: Live Mint: May 04, 2023
https://www.livemint.com/news/world/us-visa-process-to-tighten-up-amid-…
Quotes and Excerpts from Rajiv in the article:
Following up on the announcements of April 21, April 27, May 1, and May 8, 2023, the Office of Foreign Labor Certification (OFLC) is postponing the date for filers to begin submitting the new, revised applications for permanent employment certification and CW-1 applications for temporary employment certification in the Foreign Labor Application Gateway (FLAG) from May 16, 2023, to June 1, 2023. Applicants should continue to use the current PERM and CW-1 forms until such time.
A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS
If I change my employer while my wife is in India on an H4 dependent visa, will she be able to return to the US even though her visa stamp bears my old employer's name? She has valid stamping till Sept 2024. What steps should we take to ensure a smooth return to the US for her?
No, it is not a problem as long as you maintain your H1-B status. Whether you have changed employers or are in the 60-day grace period, she can return on her H-4 visa without any issues. Even if her visa stamp bears the old employer's name, it does not matter. There are no specific steps to take in this situation as it is perfectly legal.
This article is part of the continuing series of interviews between The Practical Lawyer Editorial Board Member Rajiv S. Khanna and leading practitioners across the country, designed to provide personal and professional insights into various areas of the law.
Read more by clicking the pdf attachment.
1. Have you taken cases of H1B or GC fraud or misrepresentation?
2. What are the consequences if caught - Just losing status and deportation? Can it lead to Jail in any case?
3. Can we fight back in court to justify our case and win against USCIS?
Yes, our firm has taken cases involving H-1B or green card fraud or misrepresentation for about 30 years. Our focus is on employment and business-based immigration and related cases. Our firm has also assisted criminal defense teams in similar cases. If caught in a fraud or misrepresentation, the government can choose to prosecute you criminally since most immigration papers are filed under penalty of perjury. This can result in imprisonment for up to five years, as felonies are serious crimes. From an immigration perspective, a misrepresentation or fraud can lead to a permanent bar from entering the United States, causing you to lose your stay and potentially be unable to return. However, if you did not intentionally lie or the misrepresentation was immaterial, you can fight back in court by asserting defenses such as lack of intent or immateriality. For example, if a minor detail unrelated to the visa decision is misrepresented, it may not be considered material. These are some of the grounds to consider when fighting against misrepresentation. If you don't have any valid arguments, it may not be worthwhile to fight your case.
I cannot thank enough the Law Offices of Mr. Khanna for getting me and my wife our L1-A and L2 approvals. A special thank you to Mr. Jagbir, who assisted us, guided us and was there for us the entire time. He was very patient, helpful and informative, and Mr. Khanna was always available to answer my never ending questions. I can confidently say that it is because of their hard work and dedication to this case that we got our approval. We had a very complicated case whereby our LI-A had already expired, and the extension was denied. Mr. Jagbir presented our case with updated information and new evidence, and after he responded to the RFE with a 700 page file, our case was approved. Thank you so very much Mr. Khanna, Mr. Jagbir and Ms. Anna, we will forever be indebted to you.