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.
I applied for EAD on September 17, 2003. After 90 days I did not get the EAD approved from VT. I went to the local office in Arlington on January 8, 2004. They gave me a date to come back for the issuance of an interim EAD which was February 18, 2004. On February 3, 2004 VT approved my EAD without me having to go to local for the interim.
Went around 9:30 am, approximate wait time 45 mins, the lady on the window asked for the notice of action for the actual EAD renewal filed and the new form I-765. Submitted the form, she told the notice will be mailed to you and it might take 30 days to get notice.
MY EAD renewal was applied for and 6 months had passed and after several months worth of unanswered phone calls, I got someone at the switchboard who transferred me to the EAD department.
I was informed that my application was lost and a new one would need to be submitted or no new EAD.
After travelling all morning to Chicago and a fair bit of trying to
convince the door guy, i got in and the whole process took about 3 hours. They worked quickly once I showed up on thier doorstep.
I had filed for EAD during the last week of Oct'2003 for my wife and myself. After 90 days I called Hartford, CT office for Interim EAD they told me to come after 104 days of Receipt Date because after 90 days period I have to wait 15 more days (they believe web status may not be correct in some cases and one will have to wait for 15 days for Card issue and postal delay)
I went for my iEAD recently at the district office in Jacksonville. It is best to make appointments online as only 20 people are allowed without appointments. Documents required were passport, driver's license, appointment printout, and I765 receipt (either original or copy) Initially I had to talk to an immigration officer at the counter who checked that there was no RFE for the EAD or that it had been mailed. Then I was told to fill out an application again for EAD.
As per online message of USCIS, my EAD renewal card was approved and mailed on 12-31-2003. But I haven't received the card till 1/14/2004. So idecided to go to local Omaha office to get my iEAD as my first EAD is expiring soon.
I would like to share with you an information that you might be able to add to the 'Interim EAD Issuance Policy' section. Yesterday, I went to the Orlando, FL office to get my interim EAD. They told me that I had to mail in my request to their office. What they want really is for us to sent them, by mail, another I-765 application, write INTERIM on top of it, attach the I-765 and I-485 receipt and sent it to them by mail.