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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.
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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EAD Renewal
My wife's EAD expired last month and she stopped working till today. She applied renewal in December, 2003. We waited till 90 days is complete and went to local USCIS office on 3/22/2003. It is a walk in. The lady in reception verified the I-765 receipt. After making sure that 90 days have lapsed. She asked us to fill some paper work and wait in the adjoining hall. The office called her and collected her Driver's License and expired EAD. After verification he returned Driver's License and asked her to get her picture taken in the next room.
My personal experience at the Columbus
I would like to provide my personal experience at the Columbus, Ohio office. It was a frustrating experience like any other government office experience.We went there at 7.45 AM. We submitted the application forms and the EAD renewal notices, which the security submitted inside to the USCIS (BCIS ) officers. We were walk-in applicants for interim EADs. It seems that the Columbus office prioritizes "all" the people who have prior appointments before the walk-ins. Therefore, our turn did not come until 12-12.30 PM.
Another EAD story
Applied for EAD in first week of Jan (paper filing) and because of some issue with I got the application back on 26th sent again on 27th received by NSC on 28.. I got the receipt with the RD of 28 and ND of 30th ... My current EAD was expiring on Mar 12. I was waiting and checking the status every day, but when it did not got approved till like 2nd or 3rd march. I started talking with my attorney; I also talked with Rajiv and my company's attorney.
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.
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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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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First of all, Kudos for the excellent Service provided by you
First of all, Kudos for the excellent Service provided by you. I took all the feedback from your site & went to USCIS office in San Jose, CA to get an INTERIM EAD Today. Everything went well & I was given an Interim EAD for 10 Months..
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I went to San Jose (CA) office and got the interim EAD
I went to San Jose (CA) office and got the interim EAD. Following is my experience." I and my wife went to San Jose Office on 20th Nov 2003. This was actually 91st day from my recipt date of both I-485 and I-765. Reached there at 7 O clock and found around 50 people ahead of me in the line. Got in at around 8, got a token. I was called at 9. The officer asked me for the filled out application forms, receipt notices and then asked about my I-140. I told him that my I-140 along with my I-485 and I-765 is pending. He asked me for copy of my I-140 receipt notice.
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Visited the Hartford office on 4th March 2004 to get an Interim EAD issued
Thank you for having the best web site on immigration and for taking action to improve the processing times.
My wife and I visited the Hartford office on 4th March 2004 to get an Interim EAD issued. We filed for an extension on November12 th 2003 and as of the visit date it was still not approved.
Total processing time was about 3 hours. Interim EAD was issued for 2 months.
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.