Media Note
Office of the Spokesperson Washington, DC
December 15, 2011
On December 14 at the U.S. Embassy in Beijing, Ambassador Gary Locke presented the one millionth visa adjudicated in China this year. With the help of additional personnel and process improvements, Mission China has also successfully reduced the average wait time for a visa interview appointment to less than one week.
USCIS comment request on a draft Request for Evidence (RFE) template on Form I-129 L-1 Intracompany Transferees’ qualifying relationship of ownership and control, and evidence of doing business.
Please check the attachment to see the USCIS draft.
I am on H1-B visa and my EB-2 Priority Date is May 15, 2010. Please see below questions regarding I-485.
Question # 1:- Typically, how long would it take to receive Advance Parole and EAD after filing I-485?
Question # 2:- I entered USA on F1-Visa in year 2000, and then changed my status to H1-B visa within USA in year 2004. I never left USA since year 2000. My passport does not have H1-B visa stamp. In order to file I-485, is it required to have H1-B visa stamp in my passport?
Question # 3:-After filing I-485 and before receving A.P., if I travel to my home country for H1-B visa stamping, is it possible that my company can mail A.P. documents to my home country so that I could enter USA using my A.P. in case H1-B visa in my home country is denied?
Question # 4:- I came to know that it is required for an alien to be present in USA at the time of I-485 filing. Is it also required that an alien must be present in USA until A.P. is approved?
Question # 5:- Does Visa Officer have the ability to cancel A.P., in case H1-B visa is denied in my home country due to 221(g)/missing tax returns/W-2's/Paystubs?
Question # 6:- If my H1-B visa is denied in my home country, and if i enter USA using A.P., then could my spouse enter USA using H-4 visa using my valid I-797 approval notice even though I do not have H1-B visa stamp in my passport? If I enter USA using A.P., what are the options for my spouse?
Question # 7:- At what point of time during GC process, do I need to add my spouse? Should it be before filing of I-485 or before Visa Number is available?
Question # 8:- After filing my I-485, and if my spouse is in USA on H-4, will I be able to add my spouse to my I-485 application? By the time, I want to add my spouse to I-485 application, if Visa Number is available and if AOS/I-485 is approved, then would I still be able to add my spouse if spouse is in USA and also outside USA?
Answer 1: EAD is usally processed within 90 days and AP within 3-6 months. You can check I-131 processing times from links on this page: http://www.immigration.com/processin...-status-checks
Answer 2: A visa stamp is NOT required. Proper status only is needed.
In the Matter of Tanaka, 2010-PER-01060 (BALCA)
The information Mr. Khanna provided was very helpful. I am really very very thankful for his help. Regards, Anand Marathe
My Labour is filed in EB-3 & my PD is Oct-2003. I got my EAD in 2007. I have a BE degree from India & a work experience of 13 years. 5 in India & 8 in USA. Am I eligible for porting to EB-2? If I file a fresh EB-2 what is the process? Is it just the Perm process & I- 140 or do I need to file I- 485 again.
People with over 5 years of exp. after a 4-year degree may be ale to restart the green card under EB-2 category and then port their PD. Basically, you are redoing the PERM and I-140 for an EB-2 level job.
Will I get 15 days visa for US as tourist visa and in this time marry a friend who is U.S citizen and also born over there in USA, so could I be able to apply for visa extension and then apply for PR in USA?
We had applied for H-4 extension for my wife and child (1 year) in same I-539 form. We received an approved 797 form for dependents. Applicant's name is my wife's name and beneficiary's name is my daughter’s name. The I-94 in the form contains only my daughter’s number and not my wife's I-94 number. My wife's name is mentioned as a petitioner. Should my wife also have a separate I-94 in the approved 797 form?
She must have a separate I-94.
I'm trying to apply EB-3 with skilled workers who have at least 2 years of experience. I worked with 1 firm for about 4 years after graduation. I would like to know all my experience from current firm does not count for my professional experience or not. And are there any alternative options to apply for green card?
Usually, we cannot use the experience gained with the same employer who is applying for the green card, UNLESS the job being offered for green card is more than 50% different than the earlier jobs for that employer.
The OFLC Program Debarments List has been updated.
Click attachment to view this list.
The Ombudsman's Office requests that customers submit Form DHS 7001 for all cases, including those related to applications for Employment Authorization Documents (EAD). Form DHS 7001 is required by the Ombudsman’s Office for compliance with applicable privacy rules.
United Parcel Service (UPS) announced that they will not be providing delivery or pick-up services on Friday, December 23, 2011. The public is encouraged to submit their correspondence timely to the Chicago National Processing Center, being mindful of the holiday schedule if using UPS. The Chicago National Processing Center will endeavor to ensure all H-2A and H-2B deadlines for December 23 and 26, 2011 will be met by December 22, 2011.
Hi, For the last two months, I have been in touch with three highly experienced attorneys. Two of them are naitonally famous and charges $250 per 20 minutes. I have to say that Mr. Rajiv Khanna and his office are truely professional. Rajiv Khanna Law offices are not just trying to make money but trying to give truly professional service to the needies. Thanks a lot Mr. Rajiv Khanna and his staff.
I really thank Mr Khanna and his team from bottom of my heart for providing legal advising regarding my wifes H4 visa. It was not a straight forward case but within first few minutes of the conversation Mr Khanna was very clear on how it should be handled. GOD BLESS YOU SIR !! Keep up all your good work .
We have worked with Mr. Khanna's law firm over past 3 years for my Green Card process. I found the team to be meticulous and very responsive. Recently I had to switch employers while my I-485 was still outstanding. Mr. Khanna's team had no obligation to provide any counsel, since I would not be their client anymore. Despite that, they made themselves available to answer the questions during uncertain times, so that I would any missteps in this often confusing process. I believe Mr. Khanna's law firm offers more than just handling of the legal process. They go above and beyond to create a sense of community and offer a great service to folks dealing with varying immigration circumstances. It's a comforting feeling to know that you have Mr. Khanna's firm by your side.
The Department’s H-2A regulations at 20 CFR 655.120(l) provide that employers must pay their H-2A workers and workers in corresponding employment at least the highest of: (i) the Adverse Effect Wage Rate (AEWR); (ii) the prevailing wage; (iii) the prevailing piece rate; (iv) the agreed-upon collective bargaining wage, if applicable; or (v) the Federal or State minimum wage, in effect at the time the work is performed.
WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) will change the filing locations for Form I-130, Petition for Alien Relative. Effective Jan. 1, 2012, domestic petitioners will mail their stand-alone I-130 applications to either the Chicago Lockbox or the Phoenix Lockbox, depending on where they reside in the United States. The new filing locations will be updated with the corresponding addresses on Jan.
Prevailing Wage and FIFO (First-in, first-out order)
All wage requests are being processed in less than 60 days. First-in, first-out order (FIFO) is being used. Requests for H-1B/PERM are processed in FIFO order as there is only one queue. The goal in the end is to process all wage requests continues to be 60 days.
Office of the Spokesman Washington, DC
June 28, 2010
On June 28, 2010, the U.S. Department of State published its Schedule of Fees for Consular Services in the Federal Register. The schedule includes fees for passports, immigrant visas and other consular services. The changes will take effect on July 13, 2010, 15 days after publication in the Federal Register. The revised fees will cover actual operating expenses for the 301 overseas consular posts, 23 domestic passport agencies and other centers that provide these consular services to U.S. and foreign citizens.
[Federal Register: June 28, 2010 (Volume 75, Number 123)]
[Rules and Regulations]
[Page 36522-36535]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28jn10-5]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF STATE
22 CFR Parts 22 and 51
[Public Notice: 7068]
RIN 1400-AC58
DOS published a cable on biometric signature and affirmation of the DS-160 NIV Application.
I am a holder of a US tourist Visa which will expire on July of 2011. I will visit the US on March 2011 to attend a wedding. If I go I will only have 4 months visa validity. Can I still use it with less than 6 months valid stay? I will stay only for 2 months the most.
Visa validity is required only to enter USA, not to stay. The stay period is determined by CBP (at the airport) when you enter USA. The stay is noted on a document called an I-94 (Arrival Departure Record). Even if the visa expires, you can stay till the end of your I-94.
My cousin has invited me to his wedding, and I got married October 31 2009. The thing is this - my current passport is not in my married name, can I just apply for the visitors visa with my current passport and bring my marriage certificate as proof of marriage? My current passport will be expiring in 2012.
There is no US law (that I can think of) requiring you to change your passport right away. I think you can travel. But eventually you should get it all corrected. Change to married name is not required, but I think the passport should accurately reflect marital status.
I filled my PERM application at the beginning of May 2009 and my employer check the status of the application and it still says "processing". According to the processing dates shown in your website, they are reviewing August 2009, What that means? Why my application has not been approved or denied?
The information shows an approximation. Times vary. If your application goes into a review and audit, it can take 2-3 years.
Thank you for the help that you offered through the 'Resume Review' service. I truly apreciate your time and the directions that you gave me.