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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
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
My wife's EAD application experience
My wife's EAD application is pending at VSC for more than 4 months now. On 91st day (Which happened to be a Wednesday), we reached Arlington office at 1.45pm. They asked us to wait in a room, after a while someone picked up her receipt and gave her a form to fill out. After 30 minutes they asked her to wait in another room after verifying the payment info. She was done by 3.15pm, so I should say it was a painless and quick procedure. She was issued EAD valid for one year.
IEAD in Chicago
Today, I went to the local USCIS office at 10 w jackson blvd, and got the IEAD. This office is just outside the Jackson Blue Line Subway station. They opened the doors at 6AM. When they opened the doors, there were around 50 people in the line.
They were asking for EAD, 140 reciepts, IL driving license/state ID or some postal mail to prove that you are IL resident.
Got the IEAD for 3 months. Out by 9AM.
Interim EAD Issuance at Honolulu
Today I went in because it's 91 days after my I-765 Employment app was processed. I was told to do this after phoning the 1 800 number, they told me go in to the Honolulu office and request an Interim EAD because it had not yet been approved.
When I got there, I was told that it had actually been approved May 16th ( I was also told that when I went to get biometrics the person did not stamp both my letters and do fingprint/photo for the I-765, just the I-485, so I went there again).
We went and got my wife's interim EAD
We went and got my wife's interim EAD and walk-in Advance Parole in NYC on 5/25/04. The application has been pending for more than 150 days.
We lined up at 5 AM, got into the building at 7 AM. We went to a room on the 1st floor, where the EAD receipt was checked, we were given a yellow sheet and asked to put the A# and name on it. We then went to the 9th floor, where after waiting for 40 minutes, we received a ticket #. They said it would take a while to do the background check, so we went to the 8th floor to take care of the AP.
Applied for EAD at Vermont
We applied for EAD at Vermont. Receipt date was 2/19/2004. But we did not receive our Ead and it was not approved either. On 5/21/2004 we went to NY office, at 5 am, and went inside at 7.30 am( there was no crowd).Submitted the new application at 8.00 am. They made us to wait, telling they were doing the extensive background check until 12.30 and then after a photograph we were issued an EAD for 8 months.
In front of us there was a person whose EAD was lost in the post from Vermont was denied an EAD, asking her to call Vermont and wait.
We filed for an EAD renewal to VSC
We filed for an EAD renewal to VSC on Jan 30th 2004. Apparently we did not check how much VSC was back logged. EAD was expiring on 8th of April. When the Employer asked for a renewed EAD, we checked the status & realized the seriousness. We took an appointment with the local Tampa USCIS on March 19th (49th day of filing EAD). We showed all the documents to the officer, she did not allow me to utter a single word. She gave me an appointment for March 24th for Interim EAD. On March 24th Local USCIS issued an interim EAD in 10 mintues for 8 months.