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Employment-Based Fourth Preference (EB-4) Visa Limits Reached for Special Immigrants from India
The Department of State’s Visa Bulletin for August 2016 reflects a final action date of January 1, 2010*, for EB-4 visas for special immigrants from India.
Visa Is In An Expired Passport
If my visa is in an expired passport, what should I do?
If your Visa is in a passport that has expired or will expire within 6 months of the end of your U.S. visit, you will need to get a new passport. However, you do not need to apply for a new visa. Just bring both your NEW and passport with the valid visa to present to the CBP Officer when you arrive in the U.S.
*Note: Your ESTA is not a U.S. Visa. If you obtain a new passport, you are required to apply for a brand new ESTA. To re-apply visit esta.cbp.dhs.gov.
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Recording of Free Community Conference Call (Every Other Thursday), 14 July 2016
Citizenship and Naturalization
Green Card
Discussion Topics, Thursday, 14 July 2016:
FAQ: Priority date transfer across several companies; J-1 holder getting married to a US citizen; H-4 EAD when I-140 approved through a future employer; Automatic Visa Revalidation and H-1B amendments; Withdrawing I-485 AOS of spouse.
Other: Medicals RFE not received; Changing from H-1/H-4 to green card; Converting from H-1 to F-1 back to H-1; I-140 approved changing jobs; Pending I-140 EAD regulations; Mutiple green card petitions through future employers; Legal repercussions of deportation, N-400 record expunged, cannot obtain copies; US citizen applying for parent; Passport correction; H-1 company bankrupt; etc.
BALCA Appeal Times (as of July 18, 2016)
BALCA Appeal Times (as of July 18, 2016)
Bottomline: BALCA appeals take approximately 3.5 to 4 years from the date the appeal is filed.
- Appeals from PERM denials with BALCA office are currently taking about 3.5 - 4 years from date of docket
- Dockets are being completed within the same month that they are received
Agency
Green Card
Immigration Law
Successful K1 Visa (I-129 f) Expedite Request
Just wanted to let people know that it IS possible to get the I-129f processed in an expedited basis.
EB-1A Directly from India and Green Card
I am from India and holding an Indian passport. I work for a IT company. I manage around 250 members.
One of the agencies are tied up with another EB-1 and EB-2 processing agency in USA and informed me that they can help in processing EB1-A visa (Self Petition).<br>
My questions are:<br>
1. Is there a category of Visa as EB1-A?<br>
2. If so, is there a possibility for self - petition? i.e. without an employer?<br>
3. If I file EB1-A, what is the waiting period? Approximate is adequate.<br>
4. Once I get the EB1-A visa, can I self apply for Green card or should there be an employer assisting to file for Green card?<br>
5. If I apply for Green card on an EB1 A, how long generally with it take?<br>
1. Yes. See: http://www.immigration.com/greencard/eb1-green-card/eb-1-extraordinary-…-
2. Yes, self petition is possible under EB-1A.
3. Usually, it takes appx a year for the whole process.
4. EB-1A IS a green card category. Nothing else is needed.
5. See 3 and 4.
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.
Deferred Action for Childhood Arrivals Is Still Available
The Supreme Court’s 4-4 decision in United States v. Texas on June 23, 2016, does not affect the existing 2012 policy regarding Deferred Action for Childhood Arrivals (DACA). Individuals who meet the 2012 DACA guidelines may continue to come forward and file an initial or renewal request for DACA under those guidelines.
Guestbook Entry for Puneet Srivastava, India
Update to Form N-600K
USCIS recently updated Form N-600K, Application for Citizenship and Issuance of Certificate Under Section 322. The new edition is dated 07/11/16. USCIS will also accept the 05/03/13 edition.
Recording of Free Community Conference Call (Every Other Thursday), 28 July 2016
Immigration.com
Agency
Citizenship and Naturalization
Discussion Topics, Thursday, 28 July 2016:
FAQ: Criminal record, affect on naturalization, other risks; Criteria for EB-1C, international managers and executives, impact of receiving benefits; Tourist/Visitors/B-2 visa denial 214(b); How long is an I-140 approval valid; Legalizing status; Change of work location after filing for naturalization N-400 - 90-day rule for domicile; Gap required on a B visa revisit.
Other: Student (M-1) Visa stamping, changing to F-1; N-600; Conflicting I-94 on H-1 extension and amendment; 221(g) on H-1 visa; Priority date transfer after I-140; J-2 EAD processing; Protecting H-1 holder's share in company, green card processing; H-1B transfer salary and reporting company; H-1B changing employers, etc.; spouse of green card holder issues; When to file I-140/AOS after PERM approval; Correcting records with CBP; Overstay on B visa alleged; etc.
Our Interim EAD experience
I filed the application form for EAD with the help of our lawyer in the Atlanta office on January 8, 2004. Two months later we got the Notice of Action from Missouri office with two dates - Received Date: January 8, 2004 and Notice Date: March 8, 2004, which was a little bit confusing.
New EAD valid for 3 months
My EAD renewal (at VSC) had been pending for more than 110 days, so I decided to go to the CIS office in Bloomington, MN to get an interim EAD.On Jan 22, 04 the temperature was -10F with the windchill of -30F. I arrived at the CIS office at 7.25 AM. The office was already open. Inside, there were already 50 or so people in the line. The security officer gave me a ticket. After waiting in the line for an hour, I finally reached the security gate and went to the waiting room. It was 8.40 AM.
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EAD card based on OPT
I got my Interim EAD card based on OPT.
I went to the Bloomington USCIS office (MN) around 4:20 am on Jan 7, 2004. As the weather was cold there were not many people. Somebody made a list and I was the fiteenth person.
Around 6 a.m, we made a line based on the list.
The office opened at 6:30 am.
The officer there started work at 7am. She asked me the reason why I was there and gave me a ticket. I got a ticket and went to another office.
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Unbelivable: Interim EAD story
I want to share with you our unbelievable story how we got our interim EAD at Bloomington INS office in Minneapolis, MN
1. We have our EAD renewal pending at VSC since 9/18 and the current one is going to expire end of this month.
2. Our application for EAD renewal was delayed by major distractions, circumstances and poor planning.
3. We had no chance of getting the EAD renewal before the current one expires and we were in difficult situation of loosing the jobs if we dont hv EAD (it is a different story that I save it for another day).
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Officer stapled current EAD on new I-765 form
I-765 filed online 09/10/03 (Basis I485 filed on Sep'02 and approved I-140 on Dec'02) Went to BOSTON USCIS office on Dec 9th, 2003 (91st day)Current EAD expires on 12/10/03 (working on EAD)
Timeline:
6:00AM: Arrived and found there are around 20 people ahead of me.
7:00am: Entered building and told that I am there are EAD extension. I was asked for I-765 notice (it is exactly 91st day after filing)and asked me to fill a new I-765 form and got a "E" number.
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Experience about issuance of interim EAD at Dallas office
Wanted to share my experience about issuance of interim EAD at Dallas office. I had filed EB-2 NIW petition and I485/765 concurrently in June. Since I did not hear from USCIS, went to Dallas office on Nov 20 at 8 am; got our number ticket by 9am; hwent in and sat down. The nos dont really go in order, but we got called about 12.45; the officer just wanted receipt notices of I485 and I 765; she called TSC to confirm pendency of the applications and then came back and said she will issue 8 month interim EAD's for my wife and me.
Philadelphia district office EAD Interview
Philadelphia district office EAD Interview scheduled 2.5 months after filing the marriage-based I485 package. People visiting for appointments need not wait in the line. The interview process is only taking a photo, leaving the finger print. the EAD card was printed out right away. The whole process took about 20 minutes, excluding waiting time in the waiting room.
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We got our interim EAD's
There were approx 25 people in line ahead of us.
Doors opened at 7am. We got our interim EAD's by 10:40am.
All they looked at was the receipt notice and asked us to fill another I-765 form. We had taken a copy .
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Nearly everything about interim work permits are anecdotal
Nearly everything about interim work permits are anecdotal, and even the USCIS.gov information is vague, but I took my chances yesterday, November 17, 2003, and found out that it is true that one can have same-day processing for I-765 applications which have passed the 90 day waiting time---at least those which have been sent to California service center.
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I would like to first thank you for all your support and help to the community with their immigration matters
I would like to first thank you for all your support and help to the
community with their immigration matters.
Here is our ( unpleasant experience ) getting my wife's Interim EAD (we applied Sept 23, 03 ) at San Francisco USCIS.
January 09 2004
8:50 am Got to the USCIS office.
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Comments on e-filing for Interim EAD
got an interim EAD while I was waiting for my EAD to be processed. I filed it online hoping that it will be the same processing. The thing is that if you e-file online, you have to wait for the appoval of your application. In short, it won't do you good if you're in a hurry getting that permit. They give me a 90-day interim EAD because I have a pending I-485 application filed in the San Francisco District Office. I will suggest to go to the office instead of mailing or e-filing it.
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Passport and took my photo and gave me EAD instantly
I went at 10.15 am with I-140,I-765 and I-485 receipt, they gave me a token and new I-765 application to be filled up and called me at 2.15 pm. They checked the above documents, Passport and took my photo and gave me EAD instantly.There is no need to take separate photos and go.
It has been an amazing experience with my H1 transfer this time. I was getting RFEs in all the last 3 times when my H1B petition was filed, but this time, it got approved straight without an RFE in just 10 days of time with premium processing. This definitely indicates that the documentation done was very much detailed and complete. Apart from this, prompt communication is something that I really appreciate a lot. Thanks for all the support.