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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.
My interim EAD experience
Hi,
I want to share my interim EAD experience. I went to the local office on July 6 in Arlington,VA.
Well, I arrived at INS @ 7:15AM. There were like 250 to 300 people before me. By the time I got my EAD card it was 4:30PM. There is only one person that was helping issues related to work permits. Part of the reason for the delay was they closed early on july 2.
Anyways, be prepared to take day off (for those who are already occupied during the day) when you plan to go for your interim EAD.
Had our EADs done in a day
Had our EADs done in a day too.My wife had a job offer confirmed but did not have an EAD on the day she received her offer letter.Since we had passed the wait period to qualify for an interim EAD we went on a expedition to the BCIS office at 5am and were among the 20's in the line.Got it done in less than a hour and drove to the nearby office for Photo.Had to wait for the office to open the counters and were one among the first few to get it done.Everything was done by 10.30am and my wife got her job too
Made an appointment with Tampa USCIS
I applied for an EAD in April 2004 along with an I-485 etc. The EAD was applied for through e-file.
I heard nothing for 90 days, then made an appointment with Tampa USCIS.
I arrived and was told that as I e-filed the EAD application before I received my I-485 notice of action (but after I sent the I-485 pack) that my EAD COULD be denied. I was told that they couldn't issue an interim EAD and that I'd need to apply again. She then laughed at me and I was asked to leave for no reason.
Interim EAD Issuance at Milwaukee
They say about 30 days, but my wife got the letter in 2 weeks. Once she has this letter, it was pretty easy for her to get that interim EAD. They generally dont listen to you...unless you follow their procedures.
Newark office Experience
1. Got in line at 4:15AM. 8 people in front of me.
2. At 7:30AM, they started taking folks with appointments.
3. At 8:00AM, they started taking walk-ins.
4. After security check, sent to the 3rd floor.
5. Told that computers for the ticket system are down, only I90 applicants can be processed.
6. Started giving out numbers manually. Mine was E0002. I176 receipt was taken.
7. Was sent to the EAD section across the big room.
8. Asked to fill I765 application. I brought one from home.
Taxonomy upgrade extras
Temporary Protected Status Extended for Honduras
Secretary of Homeland Security Jeh Johnson has extended Temporary Protected Status (TPS) for eligible nationals of Honduras (and those without nationality who last habitually resided in Honduras) for an additional 18 months, effective July 6, 2016, through Jan. 5, 2018.
USCIS Updates Form N-300, Application to File Declaration of Intention
USCIS published an updated edition of Form N-300, Application to File Declaration of Intention. The new edition is dated 03/30/16.
Guestbook Entry for Ravi Bhavanari, United States
Excellent Work!!! Rajiv Khanna, Art Shifflett , and the Team provided outstanding support, near perfection to get the work done. Rajiv and Art, thank you very much for the support provided by you for my GC LC and I140, that 's a tremendous work by you to answer all the Audits / Supervised Audits. It's impressive work from you. Its nice working with you.
Regards,
Ravi Bhavanari
USCIS Updates Form I-140, Immigrant Petition for Alien Worker
USCIS updated Form I-140, Immigrant Petition for Alien Worker. The new edition is dated 04/28/16. The old edition11/20/15 edition also still accepted.
USCIS Reaches H-2B Cap for Fiscal Year 2016
USCIS has received a sufficient number of petitions to reach the congressionally mandated H-2B cap for Fiscal Year (FY) 2016.
Recording of Free Community Conference Call (Every Other Thursday), 2016, May 19
Nonimmigrant Visas
Green Card
FAQ: Changing back to F-1 student status after filing for green card; I-94 given for duration shorter than entitled; H-1B amendment when change of cities; Impact of traveling while H-1 extension is pending; Birth certificate non-availability, affidavit; Changing jobs after I-140 approval; STEM OPT extension for consulting or staffing companies; Effect of divorce on an employment-based case and cross-chargeability; Transferring H-1 subject to cap, cap-gap extension; Remedy for denial of I-485 AOS; Sued by employer.
Other: Effect on relative petition if petitioner loses their green card; Revocation of I-140; Porting priority date; Changing jobs H-1 or EAD, converting from EAD to H-1; F-2 out of status converting to H-4; H-4 family traveling while H-1 extension is pending; CAP-GAP extension and drivers license; Effect of relocation to India during green card processing; Visa stamping for H-4 out of status, etc.
USCIS Reaches CW-1 Cap for Fiscal Year 2016
USCIS has received a sufficient number of petitions to reach the numerical limit (the “cap”) of 12,999 workers who may be issued CW-1 visas or otherwise provided with CW-1 status for Fiscal Year (FY) 2016.
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.