Discussion Topics, Thursday, September 30, 2021:
FAQ: Obtaining student or visitor's visa while a green card is pending || Continuing to use H-1B when I return on Advance Parole || Nuances of changing employers during the green card process || Green card holder working on multiple jobs - Is it legal? || How long can green card holders stay outside the U.S.? || Effect of a career change on naturalization process and timing.
Published by: The Times Of India - Date: October 02, 2021
Quotes and Excerpts from Rajiv in the article:
We filed an H-1B extension petition for a small software company that offers customer software and technology solutions to the local clientele. USCIS approved the classification portion of the petition, but denied the portion of the petition requesting an extension of stay. USCIS stated that beneficiary had failed to maintain his nonimmigrant status because his H-1B status had expired prior to the filing of the H-1B extension petition and he was only in an authorized period of stay because of a pending extension request from the previous employer.
We responded to a Form I-485 Request for Evidence to prove that approximately a decade ago the permanent residency applicant had, in fact, attended two U.S. universities as he had claimed in previously approved petitions. Both universities had been certified by ICE under its Student and Exchange Visitor Program (SEVP) during the applicant’s attendance.
We filed an H-1B petition for a company that provides IT related services, on behalf of the beneficiary, a software developer. An RFE was subsequently issued, responded to and then denied as failing to prove that petitioner established that sufficient speciality occupation work was available and that the position qualified as a specialty occupation. We filed an appeal with the Administrative Appeals Office, the appeal was sustained and the petition was remanded back for issuance of an approval notice.
We filed an H-1B extension petition for a software consulting and professional services firm on behalf of a software architect requesting status and work authorization for a duration of three years. The extension was, however, approved for a duration much shorter than requested and the approval notice was both dated and received after the shorter validity period had already expired, thereby destroying the legal status of the employee and causing him to accrue unlawful presence.
| Form Type | Case Type | Completed 0-180 Days | Quarterly Completions |
|---|---|---|---|
| Cumulative total of all completions | 47.50% | 1,061 | |
| I-129CW | Petition for CNMI Nonimmigrant Transitional Worker | 100% | 3 |
| I-129E2 | CNMI Treaty Investor | 100% | 5 |
| I-129F | Petition for Fiancée |
Number 59
Volume X
Washington, D.C
A. STATUTORY NUMBERS
This bulletin summarizes the availability of immigrant numbers during November for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.
Discussion Topics, Thursday, October 14, 2021:
FAQ: Reentering the U.S.A. on a Visitor’s/Tourist Visa Soon After Leaving || Can GC-EAD holder start business and what impact on the pending I-485? || FAQ: Can GC-EAD holders start a business and what impact on the pending I-485? || Is there a problem listing one location in a PERM application while living and working remotely in a different location? || EB-2/EB-3 Options in PERM Filing and EB-2 to EB-3 downgrade and upgrade
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | May 2021 |
| Audit Review | November 2020 |
| Reconsideration Request to the CO | May 2021 |
USCIS recently updated the following USCIS form(s):
Consideration of Deferred Action for Childhood Arrivals
08/31/2021 12:09 PM EDT
Starting 12/20/21, USCIS will only accept the 08/31/21 edition. Until then, you can use the 04/24/19 edition. You can find the edition date at the bottom of the page on the form and instructions.
Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA)
08/31/2021 11:12 AM EDT
Release Date
10/20/2021
Eligible Hong Kong Residents May Apply for EADs and Travel Authorization
Release Date
10/20/2021
U.S. Citizenship and Immigration Services is issuing updated and comprehensive guidance in the USCIS Policy Manual on adjudicating applications for T nonimmigrant status (or T visas) submitted by victims of human trafficking, including clarifying how applicants establish eligibility.
As part of the credit card payment pilot program, the Vermont Service Center is now accepting credit card payments using Form G-1450, Authorization for Credit Card Transactions, for petitioners filing Form I-129, Petition for a Nonimmigrant Worker, for O and P nonimmigrants.
My wife's EAD expired last month and she stopped working till today. She applied renewal in December, 2003. We waited till 90 days is complete and went to local USCIS office on 3/22/2003. It is a walk in. The lady in reception verified the I-765 receipt. After making sure that 90 days have lapsed. She asked us to fill some paper work and wait in the adjoining hall. The office called her and collected her Driver's License and expired EAD. After verification he returned Driver's License and asked her to get her picture taken in the next room.
I would like to provide my personal experience at the Columbus, Ohio office. It was a frustrating experience like any other government office experience.We went there at 7.45 AM. We submitted the application forms and the EAD renewal notices, which the security submitted inside to the USCIS (BCIS ) officers. We were walk-in applicants for interim EADs. It seems that the Columbus office prioritizes "all" the people who have prior appointments before the walk-ins. Therefore, our turn did not come until 12-12.30 PM.
Applied for EAD in first week of Jan (paper filing) and because of some issue with I got the application back on 26th sent again on 27th received by NSC on 28.. I got the receipt with the RD of 28 and ND of 30th ... My current EAD was expiring on Mar 12. I was waiting and checking the status every day, but when it did not got approved till like 2nd or 3rd march. I started talking with my attorney; I also talked with Rajiv and my company's attorney.
Thank you for having the best web site on immigration and for taking action to improve the processing times.
My wife and I visited the Hartford office on 4th March 2004 to get an Interim EAD issued. We filed for an extension on November12 th 2003 and as of the visit date it was still not approved.
Total processing time was about 3 hours. Interim EAD was issued for 2 months.
Went to Newark for Interim EAD recently and got in line early at 6am. Got into office at 8am went to 2nd floor, and then got the iEAD appl. With i765 receipt was soon sent to 13th floor ( room #1300 )here they check your papers, i485 receipt, i-140 etc... ( basis for EAD )then sent to room# 1304 here your photo & FP will be done got the iEAD card around 10.30am
5:15 AM Reached at 970 Broad Street(Found 12-15 people there already)
7:35 They let us in and gave a slip. Slip was basically asking to go to 2nd floor Romm # 200.
7:40 Reached 2nd floor Room # 200.
Was asked to be in a line by the wall (there were 2 lines, Line by the wall was for EAD only)
was there early in the morning 6am, entered line in orchard st taken inside at 8.00am, to 2nd floor office
- iEAD applications must have a duplicate application prepared with documents. they check before you get in
- make sure you have an address in NJ, they ask proof of residence in NJ to issue your documents, bring DL, utility bill etc to prove that.
- got the card the same day for 8 months,
- they lost our documents, then found them in the 3'rd office where your pictures will be taken
First of all, Kudos for the excellent Service provided by you. I took all the feedback from your site & went to USCIS office in San Jose, CA to get an INTERIM EAD Today. Everything went well & I was given an Interim EAD for 10 Months..