I got my EB1A approved and am in the process of filing my I765 and I485 concurrently, since my date for EB1A is current, but unfortunately I got laid off now,so what is my option? Can I file a compelling Circumstances EAD and continue working once my Compelling circumstances EAD is approved and convert to GC EAD once GC EAD is approved? Or file a B2 visa and once GC EAD approval comes, can I work? Can kids go to school during my Compelling circumstances EAD approval after the grace period?
If you have an approved EB-1A and your priority date is current, you can file I-485 without needing a specific job, as long as you intend to continue working in your field. A Compelling Circumstances EAD is not an option since it is only available when dates are not current. Consult your lawyer, but you should be able to proceed with your I-485 filing.
1. If NIW I485 is rejected. Can we refile I485, or need to start a new NIW case from I-140 stage?
2. NIW I485 is rejected. If I refile the new NIW and it is approved, can the previous NIW's priority date be used for this new NIW's AOS?
3. How will the Trump administration affect NIW I485 cases? Would you suggest any precautions?
4. Can petitioner file multiple NIWs simultaneously with different endeavors?
If your NIW I-485 is rejected but your I-140 is still pending or approved, you can refile the I-485 without starting a new NIW case. However, consult your lawyer for any case-specific nuances.
If you file a new NIW and it gets approved, you can use the priority date from a previous NIW only if the prior I-140 was approved.
As for multiple NIW filings for different endeavors, it is theoretically possible but may weaken your case by making it appear unfocused.
The Department has posted new Frequently Asked Questions (FAQs) for the H-1B, H-1B1 and E-3 Programs.
Jan. 27, 2011
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced today that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2011. USCIS is notifying the public that yesterday, Jan. 26, 2011, is the final receipt date for new H-1B specialty occupation petitions requesting an employment start date in FY2011.
| Validation Instrument for Business Enterprises (VIBE) Program |
The Web-based Validation Instrument for Business Enterprises (VIBE) is a tool designed to enhance USCIS’s adjudications of certain employment-based immigration petitions. VIBE uses commercially available data to validate basic information about companies or organizations petitioning to employ alien workers. USCIS is beta-testing VIBE, and petitioners may begin seeing VIBE-related Requests for Evidence (RFEs).
In November 2010, USCIS published a revised Form I-129, Petition for a Nonimmigrant Worker, which became effective on Dec. 23, 2010. Due to a number of inquiries regarding Part 6 of the Form I-129, "Certification Regarding the Release of Controlled Technology or Technical Data to Foreign Persons in the United States", USCIS advised petitioners that they would not be required to complete this section until Feb. 20, 2011. Petitions postmarked on or after Feb. 20, 2011, must complete Part 6 of the Form I-129.
The Department of Homeland Security (DHS) supports the efforts of immigration practitioners who volunteer to assist aliens at community events. U.S. Citizenship and Immigration Services (USCIS) announced that, until further notice, DHS Disciplinary Counsel does not intend to initiate disciplinary proceedings against practitioners (attorneys and accredited representatives) based solely on the failure to submit a Notice of Entry of Appearance as Attorney or Accredited Representative (Form G-28) in relation to pro bono services provided at group assistance events.
| Date | Action |
| March 28, 2011 | Letter sent to Meera Shankar and Rajagopal Lagadapati |
| Feb 23, 2011 | Letter sent to President Obama |
| April 15, 2011 |
TVU Students With NTA's -Meet With ICE, April 15 at 10.30 am |
Table A provides approval and denial data for petitioners of the I-140, Immigrant Petition for Alien Workers - (E-11 Extraordinary Ability, Professors, Researchers, or Executives)
Table A: I-140 E-11 Approval/Denial by Fiscal Year 2005 to 2010
|
Fiscal Year |
Approvals |
Denials |
Approval Rate |
Denial Rate |
|
2005 |
[Federal Register: February 25, 2011 (Volume 76, Number 38)]
[Rules and Regulations]
[Page 10498-10500]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
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This Policy Memorandum (PM) restates the Violence Against Women Act (VAWA) revocation policy.
[Federal Register: February 16, 2011 (Volume 76, Number 32)]
[Notices]
[Page 9034-9038]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16fe11-78]
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DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary