I am currently in the last stage of getting my employment based Green Card (My I-485 has been filed for). I received an EAD valid for a year. I filed for an extension of the EAD some 120 days or so prior to its expiry. USCIS sent in a RFE (Request For Evidence) some 80 days after my filing. I sent in the requested evidence within 10 days of the RFE. When my current EAD expired, I went to the Detroit USCIS office to get an interim EAD. After waiting for over 3 hours, the USCIS rep. took less than 10 minutes to review all my documents and refused to issue me an interim EAD.
I reached the office at 7.30 am on 12/11 (91st day after RD on I-765 notice) and found that I was the only one out there. Since it was 8 deg in the morning, this didnt come as a surprise to me
The office opened at 8 and I was given a token when I entered. I was called in about 20 minutes.
I took the following documents with me:
1. Copy of I-765 notice
2. Copy of I-485 notice
3. Filled out new I-765 form
ICE updated its list of Student and Exchange Visitor Program approved schools.
I got my EB1A approved and am in the process of filing my I765 and I485 concurrently, since my date for EB1A is current, but unfortunately I got laid off now,so what is my option? Can I file a compelling Circumstances EAD and continue working once my Compelling circumstances EAD is approved and convert to GC EAD once GC EAD is approved? Or file a B2 visa and once GC EAD approval comes, can I work? Can kids go to school during my Compelling circumstances EAD approval after the grace period?
If you have an approved EB-1A and your priority date is current, you can file I-485 without needing a specific job, as long as you intend to continue working in your field. A Compelling Circumstances EAD is not an option since it is only available when dates are not current. Consult your lawyer, but you should be able to proceed with your I-485 filing.
1. If NIW I485 is rejected. Can we refile I485, or need to start a new NIW case from I-140 stage?
2. NIW I485 is rejected. If I refile the new NIW and it is approved, can the previous NIW's priority date be used for this new NIW's AOS?
3. How will the Trump administration affect NIW I485 cases? Would you suggest any precautions?
4. Can petitioner file multiple NIWs simultaneously with different endeavors?
If your NIW I-485 is rejected but your I-140 is still pending or approved, you can refile the I-485 without starting a new NIW case. However, consult your lawyer for any case-specific nuances.
If you file a new NIW and it gets approved, you can use the priority date from a previous NIW only if the prior I-140 was approved.
As for multiple NIW filings for different endeavors, it is theoretically possible but may weaken your case by making it appear unfocused.
On December 23, 2011, the President signed into law the Consolidated Appropriations Act, 2012. The legislation contains language prohibiting the Department from implementing the Wage Rule during the 2012 fiscal year. Based on Congressional intent to continue to implement the current H-2B regulations, the Department has published a Final Rule extending the effective date of the Wage Rule to apply to work performed on and after October 1, 2012. The Final Rule is accessible here.
WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) reminds its customers that the open re-registration period for Temporary Protected Status (TPS) for nationals of Honduras and Nicaragua ends on Jan. 5, 2012.
Secretary of Homeland Security Janet Napolitano extended TPS for eligible nationals of Honduras and Nicaragua for an additional 18 months, beginning Jan. 6, 2012, and ending July 5, 2013.
USCIS published information on the number of Form N-400s pending between October 2009 and October 2011, including office locations, receipts, approvals, denials, and cases pending by fiscal year, as well as service-wide average cycle times.
USCIS executive summary from the 11/2/11 teleconference regarding the adjudication of J-1 Exchange Visitor waivers of the two-year foreign residence requirement.
USCIS reminds the sheepherding industry of the upcoming expiration of the one-time accommodation giving them more time to fully transition to the three-year limitation-of-stay requirements for the H-2A nonimmigrant classification.
USCIS announced its limitation-of-stay requirements under a final rule that became effective on Jan. 17, 2009.
The agency granted a one-time accommodation for sheepherders in H-2A status in December 2009 in deference to their industry’s prior exemption from the three-year limitation. This exemption did not impact other H-2A categories.
Posted by Louis F. Quijas, Assistant Secretary for the Office for State and Local Law Enforcement and January Contreras, Citizenship and Immigration Services Ombudsman
Petitioner is a university that sought to employ the beneficiary permanently in the United States as an Assistant Professor of Clinical Biostatistics. In this respect, the university sought to classify the beneficiary as an outstanding researcher pursuant to section 203(b)(1)(B) of the INA. USCIS initially denied the petition on the grounds that the beneficiary had not achieved the outstanding level of achievement required for being classified as an outstanding researcher.
Number 41
Volume IX
Washington, D.C.
[Federal Register Volume 77, Number 5 (Monday, January 9, 2012)]
[Proposed Rules]
[Pages 1040-1043]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-140]
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Proposed Rules
Federal Register
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General Information
Important Announcement: The U.S. Consulate General in Chennai will no longer process Immigrant Visa petitions as of January 1, 2012.
Re-registration Open Until March 12, 2012
Released Jan. 10, 2011
WASHINGTON—Secretary of Homeland Security Janet Napolitano has extended Temporary Protected Status (TPS) for eligible nationals of El Salvador for an additional 18 months, beginning March 10, 2012, and ending Sept. 9, 2013.
USCIS Ombudsman’s recommendations on how to improve the asylum clock. Topics include clearly defining the agency roles, improving communication, providing notice to applicants, and more.
Please check the attached memo.
USCIS draft policy memo addressing certain foundational issues in the EB-5 Program. This page includes the original draft memo and subsequent revisions.
This Policy Memorandum (PM) temporarily extends the validity of civil surgeon endorsements on Form I-693 for adjustment of status applicants. Comments are due 1/30/12.
Media Note
Office of the Spokesperson Washington, DC
January 12, 2012
Re-registration Open Until March 12, 2012
Released Jan. 10, 2012
WASHINGTON—Secretary of Homeland Security Janet Napolitano has extended Temporary Protected Status (TPS) for eligible nationals of El Salvador for an additional 18 months, beginning March 10, 2012, and ending Sept. 9, 2013.