Guestbook Entry for SAMIR SHAH, United States
Name
SAMIR SHAH
Country
United States
State
OH
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Guestbook Entry for Aruna Disanayaka, United States
Name
Aruna Disanayaka
Country
United States
State
MD
Guestbook Entry for Ravikanth Akupatni, United States
Name
Ravikanth Akupatni
Country
United States
State
MI
Sept 30, 2021, Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)
Nonimmigrant Visas
Green Card
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.
Rajiv's Comments in the News - As H-1B employees return to their workplace, compliance obligations arise
Published by: The Times Of India - Date: October 02, 2021
Quotes and Excerpts from Rajiv in the article:
Successful lawsuit for H-1B extension of stay
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.
Nonimmigrant Visas
Immigration.com
Successful response to a Form I-485 RFE for misrepresentation
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.
Nonimmigrant Visas
Green Card
Immigration Law
Immigration.com
Successful lawsuit regarding a delayed H-1B approval notice
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.
Nonimmigrant Visas
Immigration Law
Immigration.com
Successful lawsuit for H-1B extension of stay
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.
Nonimmigrant Visas
Immigration.com
AAO Processing Times (July - September 2021)
| 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 |
Immigration Law
Visa Bulletin For November 2021
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.
Agency
Green Card
Immigration Law
Oct 14, 2021 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)
Immigration.com
Green Card
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
Guestbook Entry for Best Immigration Attorney- Your life is in good hands, United States
Name
Best Immigration Attorney- Your life is in good hands
Country
United States
State
Virginia
PERM Processing Times (as of 09/30/2021)
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | May 2021 |
| Audit Review | November 2020 |
| Reconsideration Request to the CO | May 2021 |
Agency
Green Card
Immigration Law
USCIS Forms Update Notice
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
USCIS Implements Employment Authorization for Individuals Covered by Deferred Enforced Departure for Hong Kong Residents
Release Date
10/20/2021
Eligible Hong Kong Residents May Apply for EADs and Travel Authorization
USCIS Issues Updated and Comprehensive Guidance on T Visa Adjudications
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.
USCIS Expands Credit Card Payment Pilot Program to Vermont Service Center
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.
Guestbook Entry for A Pachchigar, United States
Name
A Pachchigar
Country
United States
State
FL
Our Interim EAD experience
I filed the application form for EAD with the help of our lawyer in the Atlanta office on January 8, 2004. Two months later we got the Notice of Action from Missouri office with two dates - Received Date: January 8, 2004 and Notice Date: March 8, 2004, which was a little bit confusing.
New EAD valid for 3 months
My EAD renewal (at VSC) had been pending for more than 110 days, so I decided to go to the CIS office in Bloomington, MN to get an interim EAD.On Jan 22, 04 the temperature was -10F with the windchill of -30F. I arrived at the CIS office at 7.25 AM. The office was already open. Inside, there were already 50 or so people in the line. The security officer gave me a ticket. After waiting in the line for an hour, I finally reached the security gate and went to the waiting room. It was 8.40 AM.
Taxonomy upgrade extras
EAD card based on OPT
I got my Interim EAD card based on OPT.
I went to the Bloomington USCIS office (MN) around 4:20 am on Jan 7, 2004. As the weather was cold there were not many people. Somebody made a list and I was the fiteenth person.
Around 6 a.m, we made a line based on the list.
The office opened at 6:30 am.
The officer there started work at 7am. She asked me the reason why I was there and gave me a ticket. I got a ticket and went to another office.
Taxonomy upgrade extras
Effective Immediately, Interim EADs are given out
Just wanted to share me and my wife's experience in at the Memphis Sub-Office on January 5, 2004. The Memphis office is severely backlogged currently in regards to AOS and EAD applications. We filed the I-765 for my wife on September 10th and hadn't heard anything. After corresponding with our congressional representative, we were told to travel to Memphis (a 350 mile trip) on any Monday to receive an interim EAD. We traveled to Memphis on Sunday to be ready first thing in the morning. Sunday night we decided to check out the office and went to the front door.
EAD was renewed within one week
I had filed for my EAD renewal 3 months before the expiry date (September 16th). While my EAD was approved a little before 90 days, my wife's EAD was not renewed. They requested additional evidence (marraige certificate and I140 approval notice). After USCIS received the evidence and the USCIS website was updated, we went to Memphis on friday, January 2nd, 2004 (the day of the week when interim EADs are issued in Memphis) hoping that they would issue an interim EAD (since it was more than 90 days after the original receipt notice).
Philadelphia district office EAD Interview
Philadelphia district office EAD Interview scheduled 2.5 months after filing the marriage-based I485 package. People visiting for appointments need not wait in the line. The interview process is only taking a photo, leaving the finger print. the EAD card was printed out right away. The whole process took about 20 minutes, excluding waiting time in the waiting room.