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.
The Department has released FAQs for H-2Bs in the entertainment industry.
ICE updated its list of Student and Exchange Visitor Program approved schools on 29th June 2009.
Should you be applying for employment-based green card in this economy?
A lot of employers have been asking this question in the last few months. Is it even possible to get a labor certification with the US unemployment at a 26-year high.
I have a question on the new very scary and confusing interoffice memo (May 6, 2009) that the acting associate director of USCIS issued regarding unlawful presence. I am currently on EAD/AP since the expiration of my 6 years of H1-b visa on september 3, 2008 with my I-140 approved and my I-485 (PD-october 2, 2004, EB2) pending. According to the example 2 (page 10) of this memo-, anybody with an expired non-immigrant visa is subject to deportation even though his I-485 was filed properly when that person was in proper non-immigrant status and the petition is still pending. My understanding was that once an AOS is filed, I am authorized to stay here and work on EAD and go in and out of USA on AP until that petition is denied. When did this law change?
That example does not make any sense. It appears to be more a clarification of a concept - NOT practice. Do NOT worry. You are fine. If someone has not already done so, I will write USCIS next week after reviewing the entire 51 page memo carefully. Do NOT lose sleep over this.
Number 11
Volume XI
Washington, D.C.
A. STATUTORY NUMBERS
Please see the attached article, "Proving Existence of a Job for H-1 B" authored by Rajiv and published by American Law Institute- American Bar Association, October 2009 issue of "The Practical Lawyer".
well, what can I say than the usual? Folks at Rajiv's office must be thinking 'phew. we have recieved another one of those glorious feedbacks today. YET again. so, there you go. I'll be another guy who says you are the best. But its true aint it? You know your stuff, you are attentive, you hear our griping, whining and still say 'How can we help?' . Thats what I like the most about Rajiv's Office. After 9 years in the country, just when I started to get comfortable and thinking my status is safe, i received an RFE asking for what I call "Copy from CM and Copy from PM", which in other words, USCIS has asked for letters from everyone involved in my employment. Thank goodness, they didnt ask the now infamous 'tax returns of the company and letter fron the president'. The moment I saw my RFE, I sent an email to Rajiv with one sentence 'HELP!!'. He responded back in 5 minutes, directing his most amazing and best-at-what-she-does assistant, Anna Baker to help me. Letters followed, checks mailed, more emails and voila, we have our case ready and all the letters signed. We applied last friday (July 3rd), received the status email, and case processing has resumed the same day. On July 8th we received an email containing the magical words 'Approval Notice Sent'!! So, lets start with the mail room guys, copying room folks, all the assistants: Thanks a ton! and then Anna : Any number of thanks and best wishes wouldnt be sufficient for your hard work and diligence. and of course Rajiv: For assembling the best team, and for always being there. Thanks to all of you for making this happen for me. Much Appreciated. Bala
I am currently on H1B extension (7th year ; with pending I-485 under NIW, and approved Advanced Parole & EAD) dating an American citizen. We want to get married in India. If I were to leave my current job in October 2009, and go to India (for making marriage arrangements), is it advisable to:
1. First get engaged here in the US and file for fiancé Visa while I am in US (and then travel to India) in order to re-enter US on a legal status.
2. Also do we have to get married in US again in order to provide proper legal marriage documentation and to file family based I-485 as spouse.
NIW applicants get their green card based upon an expectation of employment - not employment (unless you are a physician). So, if you have a job offer in your area of expertise, your travel on AP is fairly safe.
A legal marriage in India is fully recognized in USA.
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.