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Employment-Based Fourth Preference (EB-4) Visa Limits Reached for Special Immigrants from India
The Department of State’s Visa Bulletin for August 2016 reflects a final action date of January 1, 2010*, for EB-4 visas for special immigrants from India.
Visa Is In An Expired Passport
If my visa is in an expired passport, what should I do?
If your Visa is in a passport that has expired or will expire within 6 months of the end of your U.S. visit, you will need to get a new passport. However, you do not need to apply for a new visa. Just bring both your NEW and passport with the valid visa to present to the CBP Officer when you arrive in the U.S.
*Note: Your ESTA is not a U.S. Visa. If you obtain a new passport, you are required to apply for a brand new ESTA. To re-apply visit esta.cbp.dhs.gov.
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Recording of Free Community Conference Call (Every Other Thursday), 14 July 2016
Citizenship and Naturalization
Green Card
Discussion Topics, Thursday, 14 July 2016:
FAQ: Priority date transfer across several companies; J-1 holder getting married to a US citizen; H-4 EAD when I-140 approved through a future employer; Automatic Visa Revalidation and H-1B amendments; Withdrawing I-485 AOS of spouse.
Other: Medicals RFE not received; Changing from H-1/H-4 to green card; Converting from H-1 to F-1 back to H-1; I-140 approved changing jobs; Pending I-140 EAD regulations; Mutiple green card petitions through future employers; Legal repercussions of deportation, N-400 record expunged, cannot obtain copies; US citizen applying for parent; Passport correction; H-1 company bankrupt; etc.
BALCA Appeal Times (as of July 18, 2016)
BALCA Appeal Times (as of July 18, 2016)
Bottomline: BALCA appeals take approximately 3.5 to 4 years from the date the appeal is filed.
- Appeals from PERM denials with BALCA office are currently taking about 3.5 - 4 years from date of docket
- Dockets are being completed within the same month that they are received
Agency
Green Card
Immigration Law
Successful K1 Visa (I-129 f) Expedite Request
Just wanted to let people know that it IS possible to get the I-129f processed in an expedited basis.
EB-1A Directly from India and Green Card
I am from India and holding an Indian passport. I work for a IT company. I manage around 250 members.
One of the agencies are tied up with another EB-1 and EB-2 processing agency in USA and informed me that they can help in processing EB1-A visa (Self Petition).<br>
My questions are:<br>
1. Is there a category of Visa as EB1-A?<br>
2. If so, is there a possibility for self - petition? i.e. without an employer?<br>
3. If I file EB1-A, what is the waiting period? Approximate is adequate.<br>
4. Once I get the EB1-A visa, can I self apply for Green card or should there be an employer assisting to file for Green card?<br>
5. If I apply for Green card on an EB1 A, how long generally with it take?<br>
1. Yes. See: http://www.immigration.com/greencard/eb1-green-card/eb-1-extraordinary-…-
2. Yes, self petition is possible under EB-1A.
3. Usually, it takes appx a year for the whole process.
4. EB-1A IS a green card category. Nothing else is needed.
5. See 3 and 4.
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.
Deferred Action for Childhood Arrivals Is Still Available
The Supreme Court’s 4-4 decision in United States v. Texas on June 23, 2016, does not affect the existing 2012 policy regarding Deferred Action for Childhood Arrivals (DACA). Individuals who meet the 2012 DACA guidelines may continue to come forward and file an initial or renewal request for DACA under those guidelines.
Guestbook Entry for Puneet Srivastava, India
Update to Form N-600K
USCIS recently updated Form N-600K, Application for Citizenship and Issuance of Certificate Under Section 322. The new edition is dated 07/11/16. USCIS will also accept the 05/03/13 edition.
Recording of Free Community Conference Call (Every Other Thursday), 28 July 2016
Immigration.com
Agency
Citizenship and Naturalization
Discussion Topics, Thursday, 28 July 2016:
FAQ: Criminal record, affect on naturalization, other risks; Criteria for EB-1C, international managers and executives, impact of receiving benefits; Tourist/Visitors/B-2 visa denial 214(b); How long is an I-140 approval valid; Legalizing status; Change of work location after filing for naturalization N-400 - 90-day rule for domicile; Gap required on a B visa revisit.
Other: Student (M-1) Visa stamping, changing to F-1; N-600; Conflicting I-94 on H-1 extension and amendment; 221(g) on H-1 visa; Priority date transfer after I-140; J-2 EAD processing; Protecting H-1 holder's share in company, green card processing; H-1B transfer salary and reporting company; H-1B changing employers, etc.; spouse of green card holder issues; When to file I-140/AOS after PERM approval; Correcting records with CBP; Overstay on B visa alleged; etc.
Guestbook Entry for Sohan Kasula, United States
I tried 2 different attorneys before employing law offices of Rajiv Khanna, one attorney took money but didn't even bother to call me and other who wouldn't fill the basic information properly before filing the application for LC. Myself and My wife, we got our passports stamped yesterday (11/21/2002), the whole process took us about 2 yrs and 1month without any problem or query from INS. Working with the team of Rajiv Khanna was PLEASANT. Being a professional myself, I am really pleased with their DILIGENCE, PROFICIENCY, CONFIDENCE and EXPERIENCE. Even though my company messed up in making monthly payments, Ms. Lakshmi Kompella, Ms. Diane Lombardo and Ms. Suman Bhasin gave me an opportunity to clean it up without holding up the processing of my application. I am thankful for their CARE and UNDERSTANDING. Ms. Leila Lehman are praise worthy too, for all their support and PERSONAL attention given to my case. Thanks to the whole team for making the process EASY and PLEASURABLE. If the job needs to be done RIGHT, this is "THE TEAM".
Guestbook Entry for Roopal Mehta, United States
They were really good in... - delivering the process well - presenting my case - securing & covering all the corners - Had the knowledge, experience and 'know-how' that made it a successfull deal.. Thanks a lot! - roopal.
My wife's EAD application experience
My wife's EAD application is pending at VSC for more than 4 months now. On 91st day (Which happened to be a Wednesday), we reached Arlington office at 1.45pm. They asked us to wait in a room, after a while someone picked up her receipt and gave her a form to fill out. After 30 minutes they asked her to wait in another room after verifying the payment info. She was done by 3.15pm, so I should say it was a painless and quick procedure. She was issued EAD valid for one year.
IEAD in Chicago
Today, I went to the local USCIS office at 10 w jackson blvd, and got the IEAD. This office is just outside the Jackson Blue Line Subway station. They opened the doors at 6AM. When they opened the doors, there were around 50 people in the line.
They were asking for EAD, 140 reciepts, IL driving license/state ID or some postal mail to prove that you are IL resident.
Got the IEAD for 3 months. Out by 9AM.
We went and got my wife's interim EAD
We went and got my wife's interim EAD and walk-in Advance Parole in NYC on 5/25/04. The application has been pending for more than 150 days.
We lined up at 5 AM, got into the building at 7 AM. We went to a room on the 1st floor, where the EAD receipt was checked, we were given a yellow sheet and asked to put the A# and name on it. We then went to the 9th floor, where after waiting for 40 minutes, we received a ticket #. They said it would take a while to do the background check, so we went to the 8th floor to take care of the AP.
Applied for EAD at Vermont
We applied for EAD at Vermont. Receipt date was 2/19/2004. But we did not receive our Ead and it was not approved either. On 5/21/2004 we went to NY office, at 5 am, and went inside at 7.30 am( there was no crowd).Submitted the new application at 8.00 am. They made us to wait, telling they were doing the extensive background check until 12.30 and then after a photograph we were issued an EAD for 8 months.
In front of us there was a person whose EAD was lost in the post from Vermont was denied an EAD, asking her to call Vermont and wait.
We filed for an EAD renewal to VSC
We filed for an EAD renewal to VSC on Jan 30th 2004. Apparently we did not check how much VSC was back logged. EAD was expiring on 8th of April. When the Employer asked for a renewed EAD, we checked the status & realized the seriousness. We took an appointment with the local Tampa USCIS on March 19th (49th day of filing EAD). We showed all the documents to the officer, she did not allow me to utter a single word. She gave me an appointment for March 24th for Interim EAD. On March 24th Local USCIS issued an interim EAD in 10 mintues for 8 months.
Interim EAD Issuance at Honolulu
Today I went in because it's 91 days after my I-765 Employment app was processed. I was told to do this after phoning the 1 800 number, they told me go in to the Honolulu office and request an Interim EAD because it had not yet been approved.
When I got there, I was told that it had actually been approved May 16th ( I was also told that when I went to get biometrics the person did not stamp both my letters and do fingprint/photo for the I-765, just the I-485, so I went there again).
USCIS Naturalizes 7,000 New Citizens over the Independence Day Holiday
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) will celebrate the 240th anniversary of the Declaration of Independence, and our nation’s birthday, by welcoming more than 7,000 new U.S.
Recording of Free Community Conference Call (Every Other Thursday), 30 June 2016
Citizenship and Naturalization
Immigration Law
Discussion Topics, Thursday, 30 June 2016:
FAQ: Can one work during H-4 EAD renewal; Can a green card applicant (sibling of US citizen) remain in USA while green card is processed; Proving ties to home country for tourist visa; Can I look for a job while EAD is still pending;
Other: Remedy against a US citizen spouse; entering USA on green card, how long must I work with employer, maintaining green card; H-4 visa stamping problems; CSPA protection; Getting status updates on PERM; Effect on visa stamping of 30-day gap in status; Revocation of I-140 and priority date; Applying for OPT while H-1 is pending; New visa required or not if I change H-1 employers; AC21 options for EB-1C executive/manager; 3 year extension of H-1 through a new company based upon I-140 approval; etc.
Guestbook Entry for Divya Ananth, United States
Hi, I want to leave a comment on my positive experience with LORK every time I reach out to the firm. I was a client of LORK when my green card was applied through my employer and they took utmost care of the case. Especially, I was one of the people that applied during July 2007 visa bulletin fiasco and the firm was very good at answering and responding to all of my repeated questions patiently. Since then, I have always reached out whenever I had a question on immigration matters and the staff always, always respond back to me promptly. Even though I was a client several years back, they still take care as if I am their current client. Greatly appreciate everyone at the firm and especially Mr Khanna for his due diligence, prompt responses and timely calls and great advice. Would love to do business with LORK again. thanks for all that you do to help our fellow Indians.
USCIS Returns Unselected Fiscal Year 2017 H-1B Cap-Subject Petitions
USCIS announced on July 8, 2016, that it has returned all fiscal year 2017 H-1B cap-subject petitions that were not selected in our computer-generated random selection process.
It has been an amazing experience with my H1 transfer this time. I was getting RFEs in all the last 3 times when my H1B petition was filed, but this time, it got approved straight without an RFE in just 10 days of time with premium processing. This definitely indicates that the documentation done was very much detailed and complete. Apart from this, prompt communication is something that I really appreciate a lot. Thanks for all the support.