Guestbook Entry for Ram N Ramamurthy , United States
Name
Ram N Ramamurthy
Country
United States
State
FL
Search
Guestbook Entry for Irina Pozyvaylo, United States
Name
Irina Pozyvaylo
Country
United States
State
GA
Interim EAD at Houston USCIS office
"Went to the local Houston USCIS office by 4:50 am on friday Jul 11, 2003 and found myself behind 100 people (folks camping out...looked like a slumber party
. They sure let us in by 6:15am and got a number (186) & processed by around 12:45pm.
Rajiv's News Clips - Workers Oppose H-1B Bill - Light Reading
Published by: Light Reading - Date: July 31, 2003
Quotes and Excerpts from Rajiv on the article:
"There are eight or nine bills pending with similar provisions [to Tancredo's]," says Rajiv S. Khanna, a lawyer specializing in H-1B visa issues who practices in Arlington, Va. But he thinks the H-1B visa program already has shrunk along with the rest of the economy. "It's down, in my opinion, to 10 percent of what it was."
For more details please see the attachment below.
PERM Processing Times - 06/14/2013
Please click on the link for the updated PERM Processing Times.
USCIS Issues New Guidance on EB-1 Eligibility Criteria for Individuals with Extraordinary Ability
U.S. Citizenship and Immigration Services is issuing policy guidance in the Policy Manual to further clarify the types of evidence that USCIS may evaluate to determine eligibility for extraordinary ability (E11) EB-1 immigrant visa classifications.
This policy guidance:
USCIS Updates Guidance on the International Entrepreneur Rule
Release Date
10/10/2024
USCIS updated guidance on the International Entrepreneur Rule in the Policy Manual to clarify the required triennial increase in investment, revenue, and other thresholds, and to clarify how USCIS arranges biometrics appointments for certain applicants.
Visa Bulletin For November 2024
Number 95
Volume X
Washington, D.C
A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS
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
USCIS Updates Policy Guidance Clarifying Expedite Requests
USCIS is updating guidance in the USCIS Policy Manual to clarify how USCIS considers expedite requests related to government interests and requests related to emergencies or urgent humanitarian situations, including travel-related requests. This update also clarifies how to make an expedite request and explains how USCIS processes expedite requests.
Government Interests
Recording for October 10, 2024 Conference Call with Rajiv S. Khanna
Nonimmigrant Visas
Topics Discussed:
USCIS - Form G-1055, Fee Schedule Updated
USCIS recently updated the following form:
10/11/2024 12:02 PM EDT
Edition Date: 10/11/24. You can find the edition date at the bottom of the page of Form G-1055, Fee Schedule.
For more information, please visit the Forms Updates page.
PERM Processing Times (as of 10/15/2024)
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | August 2023 |
| Audit Review | December 2022 |
| Reconsideration Request to the CO | April 2023 |
Agency
Green Card
Immigration Law
EB-2 NIW I-140 portability for employer-sponsored cases
Question details
My employer is in the process of filing employer-sponsored EB2 NIW (instead of self-sponsored). I understand that self-sponsored EB2 NIW is independent of an employer and remains valid in any case. But can I-140 obtained from employer-sponsored EB2 NIW be transferred to another employer?
FAQ Transcript
The ability to keep your NIW when changing employers depends on whether you continue to pursue the same endeavor that was the basis for your NIW approval. If you maintain the same type of work in the same field, even with a different employer, you likely can keep your NIW. However, if you change to a completely different field or type of work, you may need to start a new green card process. For certainty, it's advisable to consider filing a new green card application or NIW when changing employers.
Concerns regarding nonpayment of wages and potential H-1B impact
Question details
I arrived in the U.S. in the last week of May 2024, and despite innumerable requests, my employer has not run payroll for the weeks since my arrival. Could this pose any challenges for future H1B transfers, extensions, or I-140 processing? Is there a risk of scrutiny or denial due to this issue? If yes, could you guide how to mitigate this please?
FAQ Transcript
If your employer fails to pay you after starting your H-1B employment, it can pose challenges for future H-1B transfers. To address this:
- File a complaint with the U.S. Department of Labor's Wage and Hour Division.
- You can file online or by phone (search for "LCA complaint US Department of Labor").
- This complaint serves as evidence explaining the lack of pay stubs during future H-1B transfers.
- Employers must start paying when you're ready to work or within 30 days (if coming from outside the US) or 60 days (if already in the US), whichever is earlier.
- Filing a complaint may help you recover unpaid wages and protect your ability to transfer your H-1B in the future.
Maintaining LPR status (Green Card) during extended absences for employment
Question details
I have a family-based green card. For my job, I need to travel outside of the US for 150-160 days (3 days per week for the entire year). I am worried that I may lose my green card. What shall I do to retain my green card and still maintain this schedule of travel for my job?
FAQ Transcript
To maintain your green card during extended absences:
- Brief trips under 6 months are generally fine.
- For longer absences Apply for a re-entry permit, allowing travel for up to 2 years.Consider filing Form N-470 to preserve continuous residence for naturalization.
- Avoid absences of 6 months or more; return within 6 months each time.
- Maintain strong ties to the U.S. (family, home, job) to demonstrate intent to reside permanently.
- If travels are work-related and you have significant U.S. ties, your green card status is less likely to be at risk.
- Absences of one year or more can lead to loss of green card status without proper documentation.
Rising NIW rejection rates: Examining changes in eligibility criteria
Question details
Why rejection rate of NIWs is increasing? Is there any change in eligibility criteria, etc.?
FAQ Transcript
The USCIS is currently focusing on two main aspects when evaluating NIW petitions:
- National Importance of Your Work:
They want to see how your specific work benefits the entire country, not just your immediate sphere of influence.
Example: For a neurosurgeon, saving lives locally isn't enough; they want to see a broader national impact.
- Comparative Contribution:
USCIS is looking at how your work stands out from others in your field.
They want to see that your contribution is not just significant but also distinguishable from your peers' work.
These two factors are currently the primary focus in NIW evaluations, leading to higher rejection rates for petitions that don't adequately address these specific points.
USCIS Updates Policy Manual Guidance for T Visa
USCIS is revising the guidance in the USCIS Policy Manual to align with the Classification for Victims of Severe Forms of Trafficking in Persons; Eligibility for “T” Nonimmigrant Status Final Rule. This rule was published in the Federal Register on April 30, 2024.
Recording for October 24, 2024 Conference Call with Rajiv S. Khanna
Nonimmigrant Visas
Green Card
FAQs: GC approval before AC21 Supplement J could be filed || H-1B grace period eligibility after second layoff and B-1/B-2 visa options for job search
N-400 - Naturalization Experience
This week I went for my oath ceremony and I am now officially a US Citizen.
The process was very smooth overall.
My only beef is that for the interview I had to go to Holtsville and for the oath I had to go to Central Islip. I live in Queens and I don't drive so getting to those places was a major issue.
Here's my N400 timetable:
Queens/NY
5 years rule
Sent N400 to Texas: 12/19/2012
USCIS Received application: 12/24/2012
Check cashed: 12/27/2012
Received receipt: 01/05/2013
Citizenship and Naturalization
N-400 - Naturalization Experience
So I just had my interview at federal plaza in NYC. Interview was at 11 got there around 1015. Took 15 mins for security got up stairs around 1030, and waited until 1105 till they called my name. The IO wasn't mean but neither was she friendly, I guess she just wanted to get it over with. When we got into the office she asked me to raise my right hand and swear to tell the truth. Then she asked for passport and green card. We went over the application and then she asked me to read "WHO CAN VOTE" and write "CITIZENS CAN VOTE"
She then asked me 7 questions because I got one wrong.
Citizenship and Naturalization
State Dept. Publishes Final Rule on Visa Documentation of Immigrants under INA
[Federal Register Volume 78, Number 106 (Monday, June 3, 2013)] [Rules and Regulations] [Pages 32989-32990] From the Federal Register Online via the Government Printing Office [www.gpo.gov] [FR Doc No: 2013-13065] [[Page 32989]]
DEPARTMENT OF STATE 22 CFR Part 42 [Public Notice 8345] RIN 1400-AC86 Visas: Documentation of Immigrants under the Immigration and Nationality Act, as Amended AGENCY: Department of State. ACTION: Final rule.
PERM Processing Times (as of 05/06/2013)
PERM Processing Times (as of May 6, 2013)
| Processing Queue | Priority Dates | |
|---|---|---|
| Month | Year | |
| Analyst Reviews | December 21 | 2012 |
| Audits | June 30 | 2012 |
| Reconsideration Requests to the CO | April 29 | 2013 |
| Gov't Error Reconsiderations | Current | |
Green Card
Immigration Law
USCIS Publishes Policy Memorandum on Ethiopia Pre-Adoption Immigration Review
- USCIS policy memorandum stating that effective September 1, 2013, the Government of Ethiopia will require prospective adoptive parents include evidence that U.S. government completed a Pre-Adoption Immigration Review (PAIR) review of the prospective adoptive child’s immigration eligibility.
Please check the attachment to read USCIS Policy Memo.
Fiscal Year 2013 Citizenship and Integration Grant Program
USCIS is reopening the FY 2013 Citizenship and Integration Grant Program funding opportunity announcement (DHS-13-CIS-010-002). Applications may be filed through Grants.gov from June 3, 2013 through June 5, 2013 at 11:59:59 PM EDT. USCIS learned after the close of the original application period on May 22, 2013 that Grants.gov rejected a significant percentage of applications to this funding opportunity. Given those rejections, USCIS is reopening this opportunity for a brief period to allow potential applicants to resubmit an application.