Discussion Topics:
H-4 to F-1 status change || Employer-sponsored EB1A || Portability under 221(g) || Expedite EAD request on Financial Hardship || Multiple H-4 processing in parallel for dependent along with Primary dependent H-1 Visa || H-1B Transfer issues
Published by : ETtech From the Economic Times - Article by: Ayan Pramanik & Priyanka Sangani - Date: November 05, 2019
Quotes and Excerpts from Rajiv on the article:
LOS ANGELES – A federal grand jury has indicted two men in a scheme to obtain lawful permanent resident status for South Korean nationals by submitting fraudulent visa applications that falsely claimed American businesses wanted to hire skilled foreign workers.
WASHINGTON—U.S. Citizenship and Immigration Services today announced a final rule that will require a $10 non-refundable fee for each H-1B registration submitted by petitioning employers, once it implements the electronic registration system. The registration fee is part of an agency-wide effort to modernize and more efficiently process applications to live or work in the United States.
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | July 2019 |
| Audit Review | February 2019 |
| Reconsideration Request to the CO | May 2019 |
WASHINGTON – The Department of Homeland Security will publish a notice of proposed rulemaking in the Federal Register to adjust the U.S. Citizenship and Immigration Services Immigration Examinations Fee Account fee schedule.
WASHINGTON—U.S. Citizenship and Immigration Services today announced a proposed rule to deter aliens from illegally entering the United States and from filing frivolous, fraudulent or otherwise non-meritorious asylum applications in order to obtain employment authorization.
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.
Discussion Topics, Thursday, November 14, 2019
FAQs:
Can H-1B lay off 60 days grace period be taken only once or can it be taken multiple times?
If one H1-B extension is filed and pending, can transfer to a new employer be filed? Is this safe?
If I move to H4 and my H4 is pending for approval, can an H-1B be filed? Is this safe ?
Procedure and time to get a green card for the spouse of a green card holder
Can we apply 2 H-1B transfers while my extension with same employer is in process with different client? If the extension is denied, will other two transfers will be denied?
AC21 portability before 180 days
OTHER: I have my I-140 approved and it has been over 6 months. If I change my job, do I need to go through the entire I-140 process again? || Withdrawing N400 || TN visa derivative for boyfriend || Naturalization, absence of 6 months || Using old H-4 visa stamp || L-1 amendment || EAD delays || F-1 visa stamping || Receipt lost
Number 36
Volume X
Washington, D.C
A. STATUTORY NUMBERS
This bulletin summarizes the availability of immigrant numbers during December 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.
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) updated data (PDF, 745 KB) on arrests and apprehensions of illegal aliens who requested Deferred Action for Childhood Arrivals (DACA).
Published by : Times of India - Article by: Lubna Kably - Date: November 22, 2019
Quotes and Excerpts from Rajiv in the article:
Rajiv Khanna, Managing Partner at Immigration.com told TOI, “For L-1B, under the statute, the beneficiary (proposed visa holder) is deemed to have specialised knowledge if he or she has ‘special’ knowledge of the company’s product and its application in international markets. An ‘advanced’ knowledge of the processes and procedures of the company also qualify.”
On Oct. 11, USCIS issued three adopted Administrative Appeals Office decisions to clarify requirements for Special Immigrant Juvenile (SIJ) classification. USCIS is now updating the USCIS Policy Manual (PDF, 375 KB) to reflect those clarifications.
This update reaffirms and clarifies that:
USCIS issued a policy guidance (PDF, 382 KB) explaining how USCIS applies Matter of Stockwell and clarifying when USCIS may adjust the status of an alien whose Conditional Permanent Resident (CPR) status has been terminated. An immigration judge does not need to affirm the termination of CPR status before the alien can file a new adjustment of status application.
Published by : ETtech From the Economic Times - Article by: Priyanka Sangani - Date: November 22, 2019
Quotes and Excerpts from Rajiv in the article:
The definition of 'specialty occupation' and the 'employer-employee' relationship were passed by a Statute by the US Congress and the DHS cannot change it, said Rajiv S Khanna, managing attorney at law firm Immigration.com.
| Form Type | Case Type | Completed 0-180 Days | Quarterly Completions |
|---|---|---|---|
| Cumulative total of all completions |
84.0% |
1,352 |
|
| I-129CW | Petition for CNMI Nonimmigrant Transitional Worker |
100.0% |
1 |
| I-129F | Petition for Fiancée |
88.6% |
USCIS recently updated the following forms:
Form N-648, Medical Certification for Disability Exceptions
09/25/2024 12:11 PM EDT
Edition Date: 09/25/24. Starting Jan. 6, 2025, USCIS will accept only the 09/25/24 edition. Until then, you can also use the 08/19/22 edition. You can find the edition date at the bottom of the page on the form and instructions.
Form I-407, Record of Abandonment of Lawful Permanent Resident Status
09/25/2024 10:40 AM EDT
My I-485 was pending for 9 months (concurrent filing), and I worked all these years (4 years) with my sponsoring employer. My I-140 was approved 4 months ago, and I received EAD and AP as well. At the end of 8 months, I resigned from my employer to take advantage of AC21 (moving to a similar position) and was on notice period. My new employer was ready to file I-485J when asked by USCIS. During my last working week with my sponsoring employer, my 485 got approved, and I received my GC. Can you please advise on what kind of documentation I need to get from my new employer to help with any future naturalization process since I can't file I-485J as my case has been approved?
To ensure compliance and maintain proper documentation, I recommend gathering your proof of employment with the sponsoring employer when your green card was approved. It's important to request written confirmation from your new employer showing they were prepared to file Supplement J before your transition. Keep any prepared Form I-485 Supplement J documentation, even if it wasn't filed due to the timing of your green card approval. Additionally, maintain detailed job descriptions from both positions to demonstrate they were "same or similar" positions as required by immigration law. Store all these documents securely for the long term, as you may need them during the naturalization process to verify compliance. This documentation will help protect you and demonstrate that you followed proper procedures during your employment transition, even though the green card approval occurred before Form I-485 Supplement J could be filed.