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.
I sincerely thank Rajiv Khanna and his team of professionals for their work on my PERM (Labor) stage of my Green card process. I would extend my heartiest thanks especially to Subha, Roopa and Pramita who were actively involved in my case. I got my approval in 2 weeks. I would like to mention that I work for a medium sized company and this is the first time my employer was filing for permanent residency. We were patiently educated and guided through the entire process. Mr. Khanna’s team did all paperwork professionally. I am very happy with the services of The Law Offices of Rajiv Khanna and would definitely recommend them for any immigration case.
Dear Rajiv,
I would like to thank every one in your office who is working my green card case. The first two major steps in my green card process, Labor and 140 have been completed. Special Kudos/thanks to my case manager Aruna Marthi. She did put awesome effort in preparing my case, did necessary follow-up with INS and very patient in answering my calls with detailed information. I’d highly recommend law offices of Rajiv for every one who are looking for future green card process. Thank you all once again.
Thank you for all your assistance. After 10 years in the US and almost 5 years after filing for our green cards we can now relax and enjoy our lives. Would recommend you to anyone needing immigration assistance
Heather and Mathew were most efficient, personable and timely in the processing of the application and clarification of any doubts I had. The total time for a Schedule A worker Permanent Residency/Green Card took under 4 months from filing.
I also appreciated the reasonable payment option.
I got sworn in today in Atlanta. I am going to try and give you a low down on the process and I'll post my timeline at the end.
I got in at 9:45 am ( that was my appointment time), but they don't hold it down real fast.
I dropped off my appoinmment letter and finally got called in at 11.20am.
The interview process is rather simple: he asked me questions on the form ( have u ever been a member of a communist party etc).
Here's the good news, if he/she asks you to start sgning stuff, you are on your way, don't trip yourself now.
Got naturalised today at Newark, NJ as well.
My interview was scheduled at 1:00 and I got there at 12:50 pm.
I was called in at 1:30 pm and the interview lasted 7 minutes. The interviewer was very courteous. He verified that the information in the form was correct. Asked me to sign the name change form (since I had request a name change). Asked the 6 history/civics questions, all of which I answered correctly and handed me the approval notice and told me to show up at 3:00 pm for the Oath.
I was not asked for any documentation whatsoever.
Arrive Early before the ASC office opens as there are many people that have same Appt. time , the line fills in fast.
Bring the following:
1)Your original ASC appt. notice
2) Photo ID (IF Photo ID passport has different last name than your ASC notice , bring Marriage license, If your ID and Appt. notice name are not same they will turn you away unless you have Marriage license)
3) Be sure your fingers/ hands are not dry or cracked, If you have dry hands put lotion on the nigt before so when you arrive they will take good prints
Appointments' procedures for all non-immigrant visas are the same. This is from my personal experience in Nov 2005.
Step 1.
Make the two payments - either by DD or cash at the designated branch of HDFC bank. Take copy of passport along. Get receipt of the payment. There'll be a barcode sticker on the receipt which will also have the number which will be your receipt no. for all future references. This can be done by the individual applying for the visa or any representative but should carry the Passport copy of the individual travelling.
I would highly recommend the services of Rajiv Khanna for any immigration issues. They were successfully able to process my green card even though I had stopped working for the sponsoring company for about a year.