TSC Updates – 01/28/2010
Processing time of I-765 and I-131s - The EAD processing time should be back down to an average of around 45 days. The center aims to adjudicate all I-765s and I-131s within 50 to 55 days.
For more updates click here .
Processing time of I-765 and I-131s - The EAD processing time should be back down to an average of around 45 days. The center aims to adjudicate all I-765s and I-131s within 50 to 55 days.
For more updates click here .
My sister's family lives in Sydney. They own a restaurant business. Can they move here with E class visa and open their restaurant here in States? She is not a citizen of Australia yet, but her husband and son is.
There are three kind of E visas: E-1, E-2 and E-3. You are probably thinking of E-2. Please read up on them. The primary applicant must be a citizen or national of the country in question. Their family can come as derivative beneficiaries.
I obtained my b1b2 visa on July 2007 with multiple entry and valid for 10 years. I travelled to USA on November 2007 and stay their for 2 weeks. I am planning to visit again my relatives this year but I heard from the people around me that my visa is already cancelled since I wasnt able to re enter USA after 2 years, they said that the requirements for me to do to keep my visa active is to enter USA every 2 years.
There is no requirement that you enter every two years. I see no issue with your travel.
My boyfriend is from pakistan and we would like to know what would be the best way for him to get a visa to visit the US and how. He is a student in Sweden at this time and has a Europe Visa. Will this help him in anyway to be able to come to the US? Would really appreciate any help or advice you could give to help him be able to visit me and my family.
All he can do is try. There is no way to be certain, but being abroad already should help a bit.
I have a R J-1 i am not subject to the two year rule or section 212 (E). Do i have to leave the country if i adjust my status through marriage? I was advised that i should leave the country for at least 60 days and have my interview in my country. Is this correct?
I see no reason to leave. The 60-day advice makes sense only if you have just entered USA.
I got F1 in Jan 2009. Got H1b approval in May 2009. H1b approval means just got I797B form. I preferred to join Fall 2009 semester in University and came in USA in Jul 2009, got I94 with F1 and continued to fulfill F1 obligations.Now I want to change my status from f1 to H1b, and its seems my employer needs to file a petition with form I-129, will that means it should be applied April 2010 and all the balloting process and I will be able to start work after 1st Oct 2010. Will my existing unused H1b approval be able to be used and to exempt cap and and all things required? And can I get I797
You are cap exempt and should be able to change status OR get H-1 visa stamping right away. No waiting till 1 Oct.
Introduced in the US Congress (both Senate and House) on March 26, 2009 the Development, Relief and Education for Alien Minors Act (The "DREAM Act") is a long projected immigration bill. This bill if passed will provide millions of immigrant children who graduate from U.S. High Schools the opportunity to receive U.S. Residency (a "Green Card").
The benefits of this bill:
U.S. Citizenship and Immigration Services (USCIS) announced that it would allow H-2A workers in the sheepherding industry more time to fully transition to the three-year limitation of stay requirements under the agency’s final rule that became effective on Jan. 17, 2009. USCIS is making the one-time accommodation in deference to the industry’s prior exemption from the 3-year limitation. This exemption does not impact other H-2A categories.
The publication of the H2B regulation in December 2008 and the corresponding changes to PERM, H1B, H1B1, H1C and E3 regulations governing temporary professional, nonagricultural or registered nursing programs changed the roles of the SWAs and NPCs in the prevailing wage determination process and necessitated the issuance of policy and procedural guidance to be used by the National Prevailing Wage and Helpdesk Center (NPWHC).
I highly recommend to use Rajiv Khanna's services, Because, I was an example for their case. I was thinking and thinking and thinking for three years whether to apply EB1- extra ordinary ability (EB1) category. Diane Lombard, said Let us give a shot. She has done excellent job and she is so kind and so professional. I was so impressed and Rajiv is so honored to have people like Diane.
My EB1-EA- I-140 Got approved in Six days. Then, they applied I-485 AND GOT APPROVED IN Five weeks.
Our prayers to your whole team for your selfless service to us. In future, any of Rajiv's clients who wants to apply under extraordinary ability can reach me to share my experience.
Release Date: January 15, 2010
For Immediate Release
Office of the Press Secretary
Contact: 202-282-8010
Rule Formalizes Longstanding Policy to Expedite Citizenship for Service Men and Women
Department of Homeland Security (DHS) Secretary Janet Napolitano today announced the publication of a rule formalizing DHS' longstanding policy to expedite and streamline the citizenship process for men and women bravely serving in America's armed forces.
Release Date: January 15, 2010
For Immediate Release
Office of the Press Secretary
Contact: 202-282-8010
Our company has worked with the Law Offices of Mr Rajiv S Khanna for the past few years and he and his team has handled all our immigration needs. His team of Ms Baker and Ms Fisher have done another great job for one of our employees H1 extension case. It is seldom that you find companies with such remarkable bunch of people working in one team. Their work is very timely and efficient. They are always on top of things. We look forward with working with them in the future for all our immigration needs. Thanks team Rajiv. DVS Enterprises, LLC
1. On 5th year of H1. Single employer till date from day one of H1. Same employer has sponsored GC applications, I-140 approved, I-485 filed in Aug-07, EAD and AP approved and successfully renewed. What is the real value of CIS issuing EADs to people like me? Does this allow me in addition to the current job I have, take up ‘any’ other job using EAD? Does having an EAD permit me to work multiple jobs?
2. Does having an EAD permit me to work multiple jobs?
3. If due to economic situation my employer (who has sponsored GC) has to lay off people and I am let go am I out of status? Reading through your blogs I understand that since I-485 is pending, one is NOT out of status even if NOT working – is this correct?
4. How long can one stay without working (no job) while I-485 is pending? Will not working be seen as ‘abandoning the GC application’?
5. Do we have to let CIS know that one has been laid off? If we have to do this wouldn’t CIS see that the job for which GC is being processed is no longer available and immediately terminate the I-485 application?
6. Do I lose EAD and AP?
7. My wife is working using her EAD…will she lose her EAD?
8. Is it possible to invoke EAD and take up similar job if one can be found? Is there a time period within which this has to be done?
9. Is it possible to invoke EAD and take up ‘any’ job if a ‘similar’ job is unavailable? If this route is chosen I understand that Labor Certification & I-140 may have to be re-applied, but would the priority date remain where it was originally (as obtained in original GC application) OR would priority date change to the date when new I-140 is filed?
1A. Yes.
2A. Yes, but you will then lose H-1 status (which can be revived by reentering USA using an H-1 visa during the life of your H-1 and taking up single-employer job with the H-1 sponsoring employer – not a difficult task, usually).
3A. Correct. You are in authorized period of stay. That has been explained in my blog.
4A. You can stay as long as CIS does not send an RFE or a Notice of Intent to Deny requiring you to prove similar, alternate employment (AC21 portability – also explained in detail on my blog).
I just completed my undergraduate degree and my F1 status does not expire till May 2010. My OPT application is in process and still pending with a requested start date of 10th February 2010. However, I have found an employer who is willing to sponsor my H1B visa. So here are my questions. i)Can my employer file for my H1B visa right now, even though I am interim OPT application process? ii) When can I start working and getting paid from my employer? Essentially, I want to start working and I am wondering what is the fastest way to do so.
Since the H-1 quota is over, OPT is your best option as far as I can tell.
My wife and I am on EAD and also both have H1B (I am in my 8th year of H1B and wife is in 5th year as teacher). Our EAD is based upon my job in EB3 category in IT as System Analyst/Administrator, my priority date Aug'2003. Last year I have completed MBA in Finance and can now work as a Project manager within the same company. Can I change my title to Project Manager or IT Manager and also can I change my profile now to work in Investment Company or any other non-IT field in the same company I am already working. As these delay of getting green card are actually causing problem in my career.
If you change your field/job description, it is very likely that you have to start your green card all over again. You should be able to carry the same priority date, but the PERM/I-140 may have to be done again.
I am a visual artist. I recently finished my Masters in Fine Arts. I have a job offer to work as an art teacher for a non-profit organisation. I am offered only 1 hour per week job. What kind of work visa can I apply for?
I cannot think of any visa that could permit work for one hour a week.
I am a US citizen and I want to petition my mother for Permanent residency using the I-130 form. She is currently in the USA illegally. Does she have to go back to her home country while I petition for her? Will she be deported if she stays here? I would like information about what to do with my case. Is there a fine that I have to pay because she has been here illegally since 1989?
As far as I know, if she entered USA legally, you should be able to get her green card. But I always advise people in this situation to get a local lawyer.
My parents are planning to visit us here in States in Summer. They have 10 year multiple entry visa. They have been here before (about 2 years ago). This time they want to bring my niece (9 years old) with them as my niece will have 2 months summer break during that timeframe. My question is what documents do we need for her visa. Does my parents need to accompany her during her Visa interview.
Send an email to consulate asking for local requirements for grant of a visa for a child to travel with grandparents. They may need consent from her parents.
Tips for filing form I-821, the application for Temporary Protected Status.
Thank you much. The information provided was very helpful.
We have just received another H-1 approval for an end-client placement. There were two intervening vendors and the end-client declined to provide a letter stating that there is no requirement in law for them to provide any such letter. We had to get together convincing secondary evidence. I was highly doubtful we will get the approval, but we did. So, despite the January 8 memo from USCIS, there is life yet for consulting industry.
[Federal Register: January 19, 2010 (Volume 75, Number 11)]
[Notices]
[Page 2879-2880]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19ja10-63]
---------------------------------------
DEPARTMENT OF HOMELAND SECURITY
[Docket No. DHS-2009-0162]
RIN 1601-ZA08
Identification of Foreign Countries Whose Nationals Are Eligible To Participate in the H-2A and H-2B Visa Programs
AGENCY: Office of the Secretary, DHS.
ACTION: Notice.
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On Jan. 18, Department of Homeland Security (DHS) Secretary Janet Napolitano, in coordination with the U.S. Department of State (DOS), today announced a humanitarian parole policy allowing orphaned children from Haiti to enter the United States temporarily on an individual basis to ensure that they receive the care they need—as part of the U.S. government’s ongoing support of international recovery efforts after last week’s earthquake.
I am on H1 and my wife (on H4 visa) was out of status for more than 8 months. We received the approval nunc-pro tunc. Just to give little background, we found about this when we were planning to process her F1 visa. We browsed through all known forums and short listed two firms, Murthy's and Rajivji's. After the first consultation with Rajiv, I got some ray of hope and thought of retaining Rajivji's firm at that very moment. I omitted the options of retaining my employer's corporate firm and Murthy's firm. Rajivji was very thorough about our case and even had a discussion with my employer to get all the inputs.
I want to convey my special thanks to Rajiv's attorney Ms Sheena Gill. She was very prompt during the preparation of this case.I really appreciate her enormous follow-ups with USCIS, without which we could not have achieved this success. Thanks to Rajivji and his entire team, they literally gave us a new life. Winning a nunc-pro-tunc case is not a piece of cake, a lot depends on luck and the skill of the law firm. I would highly recommend Rajiv's firm to anybody for complicated case like this.