If you are a Temporary Protected Status (TPS) beneficiary who is eligible to re-register for TPS but did not file your application before the deadline for your re-registration period, USCIS reminds you to follow the guidance on our TPS web page under “Filing Late.”
This bulletin summarizes the availability of immigrant numbers during April. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; U.S. Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status.
To view Visa Bulletin for April 2015 Click Here.
PERM Processing Times (as of 3/10/2015)
On April 1, 2015, U.S. Citizenship and Immigration Services (USCIS) will begin accepting H-1B petitions subject to the fiscal year (FY) 2016 cap. U.S. businesses use the H-1B program to employ foreign workers in occupations that require highly specialized knowledge in fields such as science, engineering and computer programming.
The congressionally mandated cap on H-1B visas for FY 2016 is 65,000. The first 20,000 H-1B petitions filed for individuals with a U.S. master’s degree or higher are exempt from the 65,000 cap.
I am in a very difficult/complex situation, the situation is as below:<br>
Have been on H-1 for 3 + 3 + 3 + 1 years (last 4 years extended based on approved I140). Have approved I-140 with priority date of June 2010 in EB-2 category. H-1 extension was denied last year hence had to leave employer A, now I am on H-4 and will be soon filing H-1 with employer B. I have following questions on which I am requesting your opinion. <br><br>
Q1. When my priority date becomes current and if I am still with employer B, can employer A still file my I-485 and that way I can then get the EAD and join him on EAD? :<br>
Q2. Further, do I have to be working with employer A on an active H-1 visa to be eligible to file EAD when my priority date becomes current? :<br>
Q3. If question 1 approach works, can I then continue to work with employer B and employer A can process my green card in parallel. :<br>
Q4. What are the risks in working for employer B when my I140 is with employer A. Note that employer A is willing to preserve my I-140 and process green card eventually without me working for him, because he is unable to find me any projects? :<br>
Q5. I do plan to file for a new GC with employer B but worry is the priority date is likely to become current before I complete GC process with B. :<br>
Q6. Do I need to be with employer A for my wife to apply H-4 EAD based on my I-140 with A (note that currently I am with employer B).
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://www.youtube.com/watch?v=baprYGs8IzQ&t=893
FAQ Transcript
Consistent with the initiatives outlined in the 2011 Beyond the Border Action Plan, Secretary of Homeland Security Jeh Johnson and Canadian Minister of Public Safety and Emergency Preparedness Steven Blaney today signed the Agreement on Land, Rail, Marine, and Air Transport Preclearance Between the Government of the United States of America and the Government of Canada. This new agreement reaffirms the United States and Canada’s commitment to enhancing security while facilitating lawful travel and trade, and supersedes the existing U.S.-
Today, March 17, 2015, the Department of Homeland Security (DHS) will resume adjudications of H-2B petitions, but will continue to suspend premium processing until further notice.
Monday, March 16, 2015 the Department of Labor (DOL) filed an unopposed motion to stay the March 4 order of the U.S. District Court for the Northern District of Florida in Perez v. Perez until April 15. That order vacated DOL's H-2B regulations on the grounds that DOL had no authority under the Immigration and Nationality Act to issue them.
My I-140 was currently approved but the company is keeping the Original copy of I-140 approval with them, also they are not giving me the copy of original. The GC is filed in EB-3 and I have US masters degree and technically qualify for EB-2 category. I was waiting to get my I-140 approved and H-1 filed so I can start looking for change of job who can file in EB-2 with same PD.<br>
How important it will be for me to have the original copy of I-140 or how are the other ways which I can obtain this from the USCIS directly?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://www.youtube.com/watch?v=baprYGs8IzQ&t=1376
FAQ Transcript
On March 18, 2015, the federal district court in the Northern District of Florida issued an order effectively permitting DOL to restart its processing of H-2B applications under the 2008 rule immediately and to continue processing applications under that rule through April 15, 2015. Effective immediately, DOL will begin processing H-2B applications under the 2008 rule and will continue to do so through April 15th.
The Department of Labor is making available Frequently Asked Questions (FAQs) regarding its implementation of the Northern District of Florida's March 18, 2015 decision to temporarily stay its earlier judgment in Perez v. Perez, No. 3:14-cv-682 (N.D. Florida, Mar. 4, 2015). As a result of this stay, the Department has temporarily resumed processing of requests for H-2B prevailing wage determinations and applications for H-2B temporary non-agricultural labor certification until April 15, 2015.
My F-1 visa was denied twice for the reason 214(b). I have visited my uncle in U.S for 6 months on a vacation. My Uncle (U.S citizen) sponsored me for my both F-1 (student visas). On my first appearance for F-1 visa interview in Chennai consulate my B-2 visa was cancelled by interviewing officer . Now I plan to appear for F-1 visa with my parents sponsorship. Will there be any problem for me in applying F-1 visa interview this time?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/GtOqgqgEG6I?t=87
FAQ Transcript
USCIS recently began transferring some Form I-130, Petition for Alien Relative, cases filed by lawful permanent residents for their eligible family members from the Vermont Service Center to the California Service Center.
My I-485 (based on EB-1) is pending more than 180 days. If I decide to change jobs under AC 21 rule -<br>
(1) Does the new job description should be same as by definition of EB-1 or should it match my current job description based on which I applied for GC in EB-1B?<br>
(2) Do you advise to change using EAD or transferring H-1B? <br>
(3) Based on your experience, will you advise to change jobs under AC 21 or stay in the present job until GC is approved?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/GtOqgqgEG6I?t=242
FAQ Transcript
The Form I-90, Application to Replace Permanent Resident Card is now available in the USCIS Electronic Immigration System (USCIS ELIS). USCIS ELIS is an online, account-based system that allows you to submit and view certain immigration benefit requests and receive electronic notification of decisions and real-time case status updates.
U.S. Citizenship and Immigration Services (USCIS) Director León Rodríguez today announced the release of an updated policy memorandum on the L-1B nonimmigrant visa classification for workers with specialized knowledge.
After consultation with Mr Rajiv, I really felt how the immigration process and planning can be made easy. He is very knowledgeable, professional and friendly. He treats you as his own family member and not as a client. He explains the process very well, walks though each step and precautions to be taken. His consultation is very focused, timely fashioned and easy to understand. Never hurried, always willing to explain the process again if needed and answered all questions very well. His office staff is very helping and schedule your appointment very conveniently. I highly recommend him for the immigration cases.
Dear Rajiv, Suman, Diane and Leila:
I wish to thank all of you for your excellent co-operation and help at all stages of our GC application.
On 7/20 we saw the online notice about the APPROVAL of our I-485 petition. We/you had filed an RFE on 7/16. Me and my family are very happy that the decision process was so quick, and all this would not have been possible without your valuable guidance.
At this stage I have two requests: 1) Most likely the approval notice will be received by your good office and we would like to have a copy of the same. Could you please email us upon receipt of the Approval, so we could forward you a fax number? 2) What is the next step after receipt of the I-485 Approval notice?
Once again many thanks to you and your excellent team for all the help all the way.
With best regards,
The KUPs.
Thanks all you wonderful people for the good job you are doing. Special thanks to Leila, Diane and Shivane for their help and support I got during my GC processing . You all have been great and thanks for being patient and quick in responding to my queries
I got my I-485 approval on July 20, 2004, ending a long nerve wrecking wait of almost 4 years. I would like to thank Rajiv S. Khanna and his staff for their outstanding work to help me in this important process.
I had to have my EAD renewed 2 times due to immense backlog. But I was not charged for the unexpected extra work.
I would like to show my special thanks to Leila Lehman, who was always there to answer instantly to all my questions during the I-485 processing.
Also, I would like to thank the entire staff especially to Diane Lombardo (Labor, I-140 and other paper processing), Suman Bhasin (for all those complicated and subtle questions), and Rajiv S Khanna (for indirectly answering my convoluted questions) and every one else who helped me during the process.
I have a couple of colleagues who went through the permanent residency adjustment of status processed by the team from the Law Office of Rajiv S. Khanna, and I have never heard anyone complaining.
I would like to extend my gratitude to the entire staff and thanks them for their professional assistance. For without it I would not have seen this day.
I would like to thank Mr.Khanna and his wonderful staff for being with me at every part of my Green Card Journey. Their professionalism and prompt correspondence is second to none. If you are with Mr.Khanna then you are in good hands. I would like to Thank Leila Lehman, Diane Lombardo, Shivane Sharma for helping me with my case. Law Offices of Mr.Khanna is the best.
Very professional and prompt. My PERM process went very smoothly.