I-140 processing and adjudications - On an average TSC is completing around 9,600 I-140 adjudications per month. As of now the incoming I-140 volume is slightly less. As of reaching its goal TSC is close to becoming current on all I-140s which includes the ones filed during 2007 summer. About 5000 stand-alone I-140s are still awaiting adjudication the backlog.
The Department has posted FAQs concerning the iCert system and LCAs, including information regarding FEINs(Federal Employer Identification Number). To read the FAQs please see attachment.
[Federal Register: September 22, 2009 (Volume 74, Number 182)]
[Proposed Rules]
[Page 48177-48190]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22se09-16]
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DEPARTMENT OF STATE
22 CFR Part 62
[Public Notice: 6767]
RIN 1400-AC36
Exchange Visitor Program--General Provisions
AGENCY: United States Department of State.
ACTION: Proposed rule with request for comment.
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Filing I-824 together with the I-485 - The right thing to do when filing the I-824 is to file both the I-824 together with the I-485 or wait till the I-485 is approved. USCIS identifies the reasons as to why an I-824 is interfiled. However an I-824 should not be rejected or denied only because it is interfiled and the I-485 is not yet approved.
Note: If an I-824 is interfiled, it may not be approved at the same time as the I-485 and the I-485 processing times will apply.
Administrative Appeals Office is an office within USCIS that decides appeals from denials of various petitions by USCIS such as H-1, L-1, I-140 etc .
Hello, I have contacted Mr. Rajiv for advice on my Marriage Based Immigration case. He gave me phone consultation. Here, I would like to thank him for the best advice. Very helpful and great advice. Thanks.
As of September 18, 2009, approximately 46,000 H-1B cap-subject petitions had been received by USCIS and counted towards the H-1B cap. Approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits.
Hello everyone Thanks to everyone in the Law Offices of Rajiv S. Khanna, particularly to Rajiv Ji, Mathew, Rita and Bharathi. Rita has been very patient in explaining the process from the very beginning. My GC process started in the old labor process. Still I got it after about five and a half years of efforts - which is pretty impressive. Thanks everyone, once again. Regards Sitarama.
Q: Why is the wait so long for my employment-based green card?
We have recently won a case following a Request for Evidence for a professor - Ph.D. in Mass Media and Communication. USCIS requested additional “documentary evidence” to support our claim that the applicant qualified under the EB1 Outstanding Researcher and Professor category based on applicant’s publications, acting as a judge of her peers as well as her original contributions.
I was in need of direction and help on my immigration complications and Mr. Khanna was very patient and prompt in explaining the entire case and steps involved to me. I highly recommend their law office to all who need help and advise related to immigration.
My father in law is a US citizen.He went to India in january 2009.There one of his relative register a false case against him and the Punjab police took away his passport from him.Then the case started in the court.His passport is in the hands of police till now.The judge is just giving him dates.how can he get his passport back? He is still in India.
I checked with Rajiv. He said that a passport is ultimately the property of the issuing government. Punjab police will probably not be able to hold the passport beyond a certain time. We do not practice laws of India (US only). They need to discuss this with local counsel.
Planning to change my employer. Priority Date: Sept 2014 (EB2). H1: on my 5th Year (Filed for an extension it is currently in process). My plan is to change my employer once my extension is approved but I have the following questions. I am 100% sure my employer is going to withdraw my I-140. How is my H1 transfer going to work?
First of all the moment, your I-140 is approved no matter which category EB-1 or EB-2, the Priority Date is yours to keep that means if you got your green card filed in let's say 2017 and you left this employer after the I-140 approval, they revoked your I-140 and you started another green card in 2020 your Priority Date will be still 2017 because your I-140 was approved. So the moment the I-140 was approved the Priority Date becomes your property and it can be carried across categories, across employers, and across geographical areas. So if you go from a PERM filing in New York to an employer in California and your previous filing was EB-3 next filing is EB2 or even EB-1 you can carry the date of the work petition as long as the I-140 was approved. The moment the I-140 is approved, the Priority Date is yours.
There are limited exceptions unless the I-140 is revoked for fraud, etc., by the USCIS. Even if the employer revokes the I-140 you will keep your Priority Date. In addition to that, if the I-140 gets approved and stays approved for 180 days you will not only carry your Priority Date you will carry your right to extend your H-1 through any employer indefinitely. You will get a second benefit after 180 days and if the lawyer revokes the I-140 you will still get the benefit of both Priority Date and the right to extend your H-1 through any employer. The government has also said if you have an H-4 EAD for your spouse, your I-40 stayed approved for 180 days your wife's or your husband's H-4 EAD is safe even if the old employer revokes the I-140 later on as long as the I-140 stayed approved for 180 days. So if you left but the I-140 stayed approved for 180 days H-4 EAD is safe. That, in a nutshell, is the general law. More
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
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