Guestbook Entry for Krishna V, United States
Name
Krishna V
Country
United States
State
TX
Search
Guestbook Entry for Indrani Mookerjee, United States
Name
Indrani Mookerjee
Country
United States
State
MD
Guestbook Entry for Dr.Venkata S.Nagireddi , United States
Name
Dr.Venkata S.Nagireddi
Country
United States
State
MO
Sept 30, 2021, Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)
Nonimmigrant Visas
Green Card
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.
Rajiv's Comments in the News - As H-1B employees return to their workplace, compliance obligations arise
Published by: The Times Of India - Date: October 02, 2021
Quotes and Excerpts from Rajiv in the article:
Successful lawsuit for H-1B extension of stay
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.
Nonimmigrant Visas
Immigration.com
Successful response to a Form I-485 RFE for misrepresentation
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.
Nonimmigrant Visas
Green Card
Immigration Law
Immigration.com
Successful lawsuit regarding a delayed H-1B approval notice
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.
Nonimmigrant Visas
Immigration Law
Immigration.com
Successful lawsuit for H-1B extension of stay
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.
Nonimmigrant Visas
Immigration.com
AAO Processing Times (July - September 2021)
| 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 |
Immigration Law
Visa Bulletin For November 2021
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.
Agency
Green Card
Immigration Law
Oct 14, 2021 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)
Immigration.com
Green Card
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
Guestbook Entry for Best Immigration Attorney- Your life is in good hands, United States
Name
Best Immigration Attorney- Your life is in good hands
Country
United States
State
Virginia
PERM Processing Times (as of 09/30/2021)
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | May 2021 |
| Audit Review | November 2020 |
| Reconsideration Request to the CO | May 2021 |
Agency
Green Card
Immigration Law
USCIS Forms Update Notice
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
USCIS Implements Employment Authorization for Individuals Covered by Deferred Enforced Departure for Hong Kong Residents
Release Date
10/20/2021
Eligible Hong Kong Residents May Apply for EADs and Travel Authorization
USCIS Issues Updated and Comprehensive Guidance on T Visa Adjudications
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.
USCIS Expands Credit Card Payment Pilot Program to Vermont Service Center
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.
Guestbook Entry for A Pachchigar, United States
Name
A Pachchigar
Country
United States
State
FL
Additional documents for Interim EAD card
Recently I have been to Baltimore District Office to collect my interim EAD, I was told that if INS Processing Center(Vermont) requested some additional documentation, that requested documentation should be sent to Vermont(that information should be updated in INS database), then only they can issue interim EAD. They are taking 30 days to issue Interim EAD.
EAD experience at Detroit USCIS office
I walked in to the Detroit USCIS Center on Monday Sept 9th 2003 at 11:30pm. They gave me the waiting number & gave me an application form for Employment Authorization. At around 3:00 pm the duty officer wanted receipt notices (over 90-day proof), the original I-765 application, I-94 & driving licence (proof of picture ID). She asked me to get photo copies of each of these documents, which I got it immediately for her. After an hour someone called my name and took my picture and provided the card good for 6 months.
Should I maintain my H-1B during I-485/AOS pendency?
Question details
I hold an H1B Visa, and it is time for an extension. At the same time, I applied for my I-485 a few years ago, and I recently renewed my EAD, which is valid for 5 years. My priority date is June 2013. At this time, I am a bit confused about whether to move on to EAD or if I should continue to extend my H1B. If, for any reason, my H1B extension goes wrong, will I still be able to use my EAD? Thank you always for your support.
FAQ Transcript
You should maintain your H-1B while your I-485 (AOS) is pending. If something goes wrong with your I-485, you could end up without legal status or work authorization, creating complications. Keeping your H-1B (or L-1) active provides a backup. While your spouse can use an EAD, losing their status is less risky than the primary applicant losing theirs.
H-1B and I-140: Moving to India & Future Return to the U.S.
Question details
I would appreciate some insights on my H-1B and green card process. Here’s my situation:
I currently have an H-1B visa valid until July 2027.
My company has filed for PERM with a priority date of October 2024.
If things go as expected, I anticipate my I-140 approval around May 2026 (with premium processing, if things go smoothly and I receive my DOL approval around Feb 2026, calculating around 15+ months from Oct 2024).
I’m considering moving to India around January/February 2027, which would be about 180 days after I-140 approval (if that helps retain I-140 benefits even if I go to India; if not, I would be moving earlier).
My questions:
Impact on H-1B if I move to India
What would happen to my H-1B if I joined a different employer in India?
What happens if I stay with the same U.S. employer but work from India?
Returning to the U.S. after H-1B expiration
If my H-1B expires while I’m in India and I haven’t renewed it, let's say that in the future, I will get an employer and want to re-enter the USA. Would the process be expected for the employer, like filing for a change of employer and me getting a new stamp in the Indian embassy, or would it have some additional complications?
I-140 and Priority Date Retention
Will my I-140 priority date remain intact if I am in India and later re-enter the USA for a different employer based on the answer to the above question?
If I get a new job in the U.S. later, what must my future employer do to transfer or use my existing priority date for the new green card process?
FAQ Transcript
If you move to India (or another country) after your I-140 approval, your H-1B with your current employer will likely be revoked unless they continue paying your U.S. salary. If your H-1B expires while you are abroad, you can return to the U.S. on H-1B with any employer, as your I-140 remains valid after 180 days. However, you must restart your green card process with a new employer. Your I-140 priority date remains intact, even if you switch from EB-2 to NIW or EB-1A.
Visa Bulletin For April 2025
Number 1
Volume XI
Washington, D.C
A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS
This bulletin summarizes the availability of immigrant numbers during April 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 Forms Update Notice - Form I-485
USCIS updated the following forms:
Form I-918, Petition for U Nonimmigrant Status
01/20/2025 04:15 PM EST
Edition Date: 01/20/25. As of March 3, 2025, the currently effective version is the 01/20/25 edition. You can find the edition date at the bottom of the page on the form and instructions.
01/20/2025 10:54 AM EST