WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) reminds those affected by Typhoon Haiyan, which struck the Philippines on Nov. 8, 2013, of agency efforts to provide relief to victims of the typhoon.
Filipino nationals in the United States should visit www.uscis.gov to learn about a series of existing relief measures that may be available to them if requested. These relief measures include:
AAO Processing Times
This chart shows the average amount of time it takes to receive a decision in a particular type of case after the case file is received by the AAO. Processing times are directly related to the volume of cases received.
AAO Processing Times as of January 1, 2014 |
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The President met with members of the Senate Democratic Caucus. The group discussed their shared goals for 2014, and the President expressed his desire to continue to work together to advance a number of our priorities for the year to strengthen our economy, create jobs and build the middle class.
Just a test. Delete.
USCIS announced the Department of Homeland Security, in consultation with the Department of State, has added Austria, Italy, Panama, and Thailand to the list of countries whose nationals are eligible to participate in the H-2A and H-2B Visa programs for the coming year.
I am planning to apply for H-1 through multiple employers. What are the precautions I need to take. I have my project end date in August, one of my employer will be representing with my current job. Will it be a problem later if the client details does not match ?
If you are a quota applicant, you can apply through as many unrelated companies as you like. Do not be a party to any misrepresentation.
We have won a series of cases where USCIS had earlier held that unpaid employment under OPT was legally unacceptable to maintain status. We have argued that such holding is contrary to all law, policy and precedence. Students are NOT required to engage in PAID employment. All these cases were won after we filed our briefs pursuant to Motions to Reopen (MTR).
On March 4, 2013, USCIS began a new provisional unlawful presence waiver program for certain relatives of U.S. citizens whose only ground of inadmissibility is unlawful presence in the United States under section 212(a)(9)(B)(i)(I) and (II) of the Immigration and Nationality Act (INA). See 78 FR 536-01 (January 3, 2013). The provisional unlawful presence waiver process allows immediate relatives of U.S.
I am an international student on F-1 visa who got married to a green card holder during my studying in US. we wanted to know when we can apply for my green card and how the process is. Thanks to Mr. Khanna and his awesome team, we now know exactly what we should do. since we had no idea what the process is, it took us a while to understand the whole story! Mr. Khanna explained very clearly and patiently and made sure we understood everything.
He helped my husband to get his green card a few years ago and we'll definitely ask him to walk us through this process.
Starting on March 11, 2014, USCIS will implement a new process to receive and adjudicate applications for civil surgeon designation centrally at the National Benefits Center. This process change requires physicians seeking civil surgeon designation to file a formal application at a USCIS Lockbox. Centralizing the civil surgeon application process will:
Finally the last Friday, Jan 17th I became an American Citizen, it's was a easy, quickly and simple ceremony at 26 Federal Plaza, I was request to be there at 11:00 am, when arrive to the place a big line inside was waiting for me but was fast, them I went to the 3rd floor, make another line with my letter and GC, a few minutes later I was lil interview about the questions on the letter and give my GC to the officer, them somebody show me my seat, almost full with like 150 people from 57 diferent countries.
Here is my journey thus far:
GC holder since March 21, 2008 (married to U.S. citizen since 1997)
6/11/12: N-400 sent via UPS to Lewisville, TX
6/12/12: N-400 delivered
6/13/12: NOA received (Priority Date: 06/12/12)
7/18/12: FP notice recd
8/09/12: FP scheduled - Done
9/04/12: In line for Interview scheduling
10/12/12: NOA received, Interview scheduled
14/01/13: Interview Done, N-14 "Request for evidence" given to me
The 2012 Annual Report presents information on the Prevailing Wage Determination Process, Permanent Labor Certification, and Temporary Nonimmigrant Labor Certification for FY 2012. The report also contains State Employment-Based Labor Certification Profiles, information on STEM-related occupations in the labor certification programs, H-2A Agricultural Certification Statistics, and top Country Employment-Based Immigration Profiles. Click here to view the 2012 Annual Report.
When filing Form I-912, Request for Fee Waiver, it is important to fill out the application completely and provide all required information with your initial filing. Please read and follow the filing tips to ensure proper processing.
Complete the Form Fully and Accurately
My interaction with Rajiv dates back to March 1999. I was in a very difficult situation, had to change employer in the first one month of my entry into US. I was not on the payroll, as a result I did not have paystubs. Rajiv helped with a 60 day rule, filed my H1 B petition within first 60 days of my entry in US, at an unbelievable pace. The best part, Rajiv’s unique insight and understanding of the law and applying to specific immigration situation., I am a US citizen and living the American dream as a first generation American of Indian origin. Last seven years I have been running a company. When I look back in time, the best thing I did was to seek the right professional help. For any immigration needs the only name that comes to my mind is the law offices of Rajiv, S Khanna. Ganesh Venkatraman
The GOP has announced the following principles for immigration reform. Most observers including this writer are encouraged by the willingness of GOP to address the immigration reform issues. These represent a broad overview and perhaps a point of departure from where detailed bills can be crafted in a manner acceptable to all stakeholders. My comments are enclosed in HTML quotes.
This is an explanations of the above news story and that it has no direct effect on DREAMers.
Discussing allegations of fraud and consequences when a short term visa holder tries to convert to green card or another long term visa from within the US.
Has USCIS clarified the distinction between unauthorized employment, failure to maintain status, and unlawful presence.
USCIS has provided the following clarification:
1. My employer filed my I-140 and it was approved. They refused to provide me the approval notice but through InfoPass I was able to get my receipt number and Alien #. To port my priority date, I would like to request USCIS for the duplicate copy of I-140 approval notice.
2. Is it possible to request USCIS a duplicate copy of my I-140 approval notice using either G-639 (FOIA) or I-824 (Action on an approved application or petition) or any other method as I have my receipt#?
FAQ Transcript
Answer 1. People typically file a FOIA request. File the Form G-639 (Form G-639 - USCIS). Often you get copies of all kinds of documents. Government gives you copies of documents they have on you. It is not consistent but people have got copies of their 140 approval notices, copies of their H-1 approval notices, the entire perm package. So it is worth filing a FOIA and it doesn’t cost you anything. It can take a little bit of time a couple of months maybe three months but do file it if you don’t have documentation. You can port the Priority Date with your alien number itself and receipt number as well. It should not need a I-140 approval notice. Remember the government has that information already. They don’t specifically need it from you.
Answer 2. By all means file the form. File G-639 and not I-824. File G-639 and let’s see what they give you.
I have been laid off by my current employer, with severance paycheck coming at regular pay intervals until mid January-2016. Finding a new employment is taking time. I am on H-1B which first started on October 01, 2013, latest I-797 valid until December 2017.
1. How long do I legally have, before I become unauthorized to stay? What constitutes as unlawful presence?
2. My I-94 admission validity is until October 2016; with no employment, does this mean anything?
3. Before I transition into a new H-1B, can I travel outside and into the country, without a Change of Status? Can I use severance pay checks if asked, for entry purposes?
4. Can I use my severance pay stubs as pay stubs when my next employer applies for new H-1B?
5. I am hesitating to inform my next employer about my termination, thinking that this may impact my hiring decision or my ability to negotiate. But not indicating terminated employment, is it possible that my H1B transfer or new petition may be considered unethical?
6. In your experience, how long does the USCIS take to update a revoked H-1B petition in their systems?
7. If my new employer files for H-1B transfer before the update but with pay stubs older than 30 days, do I have to mandatory leave the country for new H-1B stamping before starting to work?
8. If such is the case, is it best to change to a B-2 status and have my next employer apply for new H-1B? If yes, I would assume that I will be cap exempt until September 30, 2019 plus the days spent on B2; would this be a fair assumption.
9. Can my employer continue to pay severance checks when I am on B-2 status?
10. What happens if my new employer applies for H-1B transfer with severance paychecks, after USCIS has updated their records?
11. In your experience, what gap in unemployment is generally ignored by USCIS when filing for new H-1B or transferring new H-1B?
12. What other words of wisdom do you have for me?
If you get laid off on H-1B there is no grace period. You get laid off today tomorrow you are out of status.
Answer 1. Not even one day. However when you are getting paid can you not make the argument that since you are getting paid you are still maintaining status. That’s a slightly unpredictable argument. It can cut both ways. An example: I did a consultation on garden leave. Garden leave is very common in the financial industry. The employer lets you resign or if they lay you off they will pay you for the couple of months but they don’t want you to join another employer. The idea is you should not be able to take their information which is current and apply to a competitor. So in that case those pay checks are strongly set to keep you in status because it is full salary and they are maintaining control over you and they are not letting you do what you please . And that’s the assumption.
However severance pay… government has at one point said that they don’t consider severance pay to maintenance of status because severance pay seems to be a part of an arrangement were this is not salary you are basically just getting paid sought of a bonus to part company and I have doubts about that . I do not believe that to be a very good legal opinion from the government. I feel as long as my salary amount is getting paid, my deductions are being made, it is does not matter if I have a job or not. So you can certainly argue that. Severance pay doubtful, something like garden leave or regular leave coming out your way is probably ok to maintain status.
Answer 2. Not really. Understand the difference between out of status and unlawful presence. These are two different concepts. If you are on H-1 and you get laid off you are out of status the next day. But you are not unlawfully present until your H-1 is revoked or until your 1-94 expires. For sure unlawful presence begins when 1-94 expires. So unlawful presence and out of status are two different things. You are out of status the following day but you may not be unlawfully present until you’re I-94 expires or revocation of the H-1 occurs. Consequences of being out of status and unlawful presence are quite different. You are out of status that is no bar from getting another H-1B visa, another H-4, L-1, L-2 maybe a problem for F-1 or B-1 visas that have rather weak basis but for H-,4 H-1, L-1, L-2 or even O-1 or E-3 this is not a problem. On the other hand if you are unlawfully present for 180 days you are barred from green card or work visa for three years to ten years if you are unlawfully present for one year. So you can’t come back without a waiver and waivers are limited.
Answer 3. No because you don’t have a job. If you use the same visa to come back in, that could be fraud.
Answer 4. The answer is yes and why not. Government has never made a formal announcement that they will not accept severance as indicative of violation of status. So definitely use them.
Answer 5. That’s between you and your new employer. Immigration law does not require you to inform your new employer about termination by the old employer.
Answer 6. It can be many months but revocation should be retroactive so if your employer sent a revocation request which reaches USCIS today even if they act on it three months down the line they will back date it to today. Revocation is effective on the date revocation request is received.
Answer 7. It is up to USCIS, they might allow you status if the facts of your case is such that they require some sympathetic consideration but normally if you are out of status even one day government is well within its right to refuse to issue you status within the country. In these cases I always advice people to file premium processing soon so you know rather quickly were you stand.
Answer 8. B-2 application to maintain status is acceptable sometimes and also objectionable by the government. You can try, you can tell them that you were laid off unexpectedly and you have enough money to support yourself and you will not work without authorization, and that as soon as you find another employer you will immediately apply for an H-1. When all these things are said and done I think you can make a case for a B-2.
Sometimes government has come back and said we cannot give you a B-2 but as long as you get it filed before your current H-1 expires at least you have the right to stay in the US. You can argue in what is called authorized period of stay. But the problem is this. Something you need to be aware of. Let’s say your status is expired you have filed for B-2 and it is pending now you found a job remember an H-1 transfer within US will be approved only (most cases) if the pending B-2 has been approved in your favor by the time USCIS decides the H-1 transfer. If the case is still pending they will not give you status within USA, they will ask you to go for visa stamping. That is not a problem. You can do that but be mindful of that. If the B-2 is still pending or the B-2 is denied you will have to leave USA. The only time you get H-1B within USA is if by the time they decide your second H-1and your B-2 is already approved in your favor.
You will be cap exempt. That is not a problem because cap just says if you have been approved anytime in the last six years you are not subject to the quota.
Answer 9. Why not. On the one hand we are arguing that’s keeping you in status. On the other government could take the position that means you are violating status and I would say “no” because that is payment for work already done. They are giving me severance not because I am working for them; it’s because I already worked for them and this is either a payment for work already done or part of the arrangement while I was working. In order for employment to be unauthorized there must be a payment or remuneration as well as work. If there is payment without work or work without payment I think that is a good argument that’s not an unauthorized employment.
Answer 11. There is no consistency. I have seen them ignore not even one day they will come back and say no you were out of status for one day, in some situations they have done for two or three months. Most of the times they are not tolerant of this issue at all.
Answer 12. I think B-2is a good idea as long as you understand the implications of a B-2.
I contacted the Law Offices of Mr. Rajiv S. Khanna for secondary advice in regards to my and my husband's green card process and filing of G-639. Via telephone conference I received helpful advice, more detailed information and clarification than I had received from my other lawyer. I found Mr. Khanna very knowledgeable. I wish I had come to Mr. Khanna's office at the start of my green card process. I strongly recommend his service. /EAB