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.
21.5 years ago I arrived to USA and June 4 I will have a citizenship interview. You can read my story.
Following is a time table of my case1. December 1990 arrived in US
2. February 1991 applied for political asylum, till 1998 was waiting for an interview due to backlog
3. Sometime 1998 interview with immigration office, denial of asylum
4. March, 1999 granted a political asylum status by immigration judge, New York
DO: Atlanta
06/07/06: Mailed N400 to TSC
06/12/06: Mail arrived at TSC and priority date
06/14/06: Checks encashed
06/21/06: Notice received
06/26/06: FP notice received
07/11/06: FP Date
07/21/06: Notice for interview.
08/30/06: Interview date.
It is all DONE. I am now a citizen of USA.
Q: When using the new visa appointment site, what should my client list in the mandatory field that asks for the "Request Number"?
A: When a visa applicant sets up a user account in the appointment system, an 8-digit identifying number is assigned to the applicant. When logged into the appointment system, this "Request Number" appears in white against a red background in the upper right hand corner of the screen in parentheses after the applicant's e-mail address:
U.S. Citizenship and Immigration Services (USCIS) reminds customers affected by Hurricane Sandy of certain U.S. immigration benefits or relief that may be available to them.
USCIS understands that a natural disaster can affect an individual’s ability to maintain lawful immigration status or obtain certain other immigration benefits. Eligible individuals may request or apply for temporary relief measures, including:
When using the new visa appointment site, what should my client list in the mandatory field that asks for the "Request Number"?
When a visa applicant sets up a user account in the appointment system, an 8-digit identifying number is assigned to the applicant. When logged into the appointment system, this "Request Number" appears in white against a red background in the upper right hand corner of the screen in parentheses after the applicant's e-mail address:
What is USCIS’s policy on using evaluations of foreign degrees for Green Card purposes?
USCIS has verified that the education evaluation system that it regularly uses to evaluate the equivalency of foreign degrees to a US degree is the AACRAO EDGE database (edge.aacrao.org/). While alternate education evaluations can be submitted to USCIS, they must be documented with evidence as to why the alternate evaluation should be considered instead of the EDGE evaluation.
Online registration for the DV-2014 Program began on Tuesday, October 2, 2012 at 12:00 noon, Eastern Daylight Time (EDT) (GMT-4), and concluded on Saturday, November 3, 2012 at 12:00 noon, Eastern Daylight Time (EDT) (GMT-4). DV-2014 entrants will be able to check the status of their entries as of May 1, 2013 through Entrant Status Check (ESC) on the E-DV website. Review the DV Instructions below, as well as the Press Release.
I don't have the words to express how wonderful I think this law firm is. We have been working with Rajiv and his teams for the past 2 years and we will be a lifetime client! It is a pleasure to work with people who are so lively and fun and know their stuff. I was thinking..."how & why do you tell someone who is EXCELLENT at what they do that they are greater than even they think?" Then I thought even Superman needs to know he's doing a great job! Thank you for all you do for us Rajiv etal. We are your BIGGEST FANS!!!
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.