This Policy Memorandum (PM) authorizes the Vermont Service Center (VSC) to approve an Application to Extend/Change Nonimmigrant Status (Form 1-539) to extend U nonimmigrant status for a derivative family member whose initial period of stay is less than four years.
USCIS issued a PIA on E-Verify conducted in order to better assist the public in understanding this program. Previously, USCIS addressed the E-Verify program as part of the Verification Information System (VIS) PIA.
My wife is on TN (expiry date : Oct/2019) and my two kids are on her TN as TD visa holders (expiry date : Oct/2019).
I am on TN Visa (expiry date : Apr/2019) and my perm just got approved and am in the process of simultaneously activating my earlier inactivated H1B visa and filing the I-140 with the hope after few months down I will be with an approved I-140 and H1B.
My wife wants to stay on TN (kids on TD) as long as possible because the employer doesn't want to sponsor H1B and moving to H4 EAD doesn't look like a smart option now due to uncertainty surrounding H4-EAD's.
Watch the Video on this FAQ: TN applying for green card
Video Transcript:
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.
It tooks around 827 days.
Filed in TX and later moved to Ohio.
letter for interview was issued to me and my wife, but duing interview they asked kids to be present, So please make sure kids are with you. Asked for six fmily photos with kids and some school reports( Grades and mark or award) for the file - Please consider this to be with you, during interview.
Thanks...
I contacted the USCIS regularly from Jan ‘ 04 (I applied in Aug) and was told my security check is pending. I contacted the FBI directly who told me that they received no request for a name check from the FBI. I did this on 2 separate occasions. I had no idea if my name check was submitted or not.
Here is my recent H1B stamping experience (early August, 2003) in U.S. consulate in Calgary, AB.
USDOL has posted the following FAQ
1. Under what authority can the Department of Labor's Office of Foreign Labor Certification select an employer's application for supervised recruitment?
In a recent meeting, Nebraska Service Center has clarified why, some times, in cases of pending I-485 applications, USCIS approves AOS interchanging the applications of the derivative and principal applicant:
USCIS is launching a pilot program in July 2010 that will use Dun & Bradstreet databases to verify business information of employers who submit immigration related petitions. "Verification Instrument for Business Enterprises" (VIBE) is a tool intended to help combat immigration fraud, and to minimize RFE's regarding petitioners' business data and eventually to make submission of routine documentation unnecessary.
I contacted the USCIS regularly from Jan ‘ 04 (I applied in Aug) and was told my security check is pending. I contacted the FBI directly who told me that they received no request for a name check from the FBI. I did this on 2 separate occasions. I had no idea if my name check was submitted or not.
Based on many posts by users of these boards, I’ve decided to write-up a fairly comprehensive posting regarding ability to pay issues and how to overcome RFE’s, Denials and appeals.
Background:
Law governing ability to pay – 8 CFR 204.5(g)(2)
It was Wonderful Experience with The Law Firm. Extraordinary Work done by the firm especially Rajiv,Leila,Vijay and Diana Lombardo.I really would like to Thank you all for all support you gave me during my GreenCard Process. I will Highly recommend to go with this Firm for any kind of BCIS Processing.
I recommend Law offices of Rajiv S Khanna for H1B/H4 visa related tasks. Staff is thoroughly professional and patient. The aptly respond to any trivia. My case was filed as premium processing and was through in a week. Special thanks goes to Charu and Rena.
Finally,finally,finally............
I got the GC, ending the long wait...Even though the journey was long ,the Friendly office of Rajiv S.Khanna(sorry to tweak the name) helped it to be smooth by taking care of all the minute details. I felt like a strong manager for having delegated an important work in my life, to a highly professional bunch and just went on with my life without worrying about anything. I was fortunate to meet many in the group in person.They were even more friendly and helpful whenever I went to their office.
As we all know one of the important topic in Desi gathering is GC and I was always proud of saying that
I am being taken care by Rajiv Khanna and here afterwards I will proudly say that I was taken care off by the "Friendly office of Rajiv S.Khanna"
Above all let me ask Leila something. "Leila, your friendly attitude and that wonderful gracious smile all the time...is that Gods special gift for you"
Me & my wife got GC approved on Aug'4th 2004. I got the RFE for my I-140 and Mr.Khanna team handled the case in a very caring manner,they did very good documentation and it got approved with in 30 days of sending the RFE. I really appreciate Mr.Khanna and his team for helping me out in getting my GC. Thanks again for each and every one who handled my case in Mr.Kahanna's team.
I got my L1A extension approved during April 2004 through Rajiv & Savita. I traveled out of country and reentered in June 2004 using my old visa. But encountered problems on my new I-94 dates and was very panicked. So the 1st email and phone call was to Savita and it was followed up by her, Charu & Rajiv personally. I can't believe that I applied for my visa revalidation by post on 8th July and got the stamping on 2nd August. Less than 3 weeks and it's a miracle. I take this opportunity to thank Rajiv, Savita & Charu for their kind advice and guidance. Great Work and I am obliged.
Thanks to everyone and especially Charu and Ursula for their work on my H1-B. I really appreciated the fact that I could ask questions and get answers all the way throughout the process and I would really recommend your services to anyone!!
I have read that in some cases of H1B as follows "They had H1 petition and H1B visa was stamped in 2012 but they never traveled to the US on that. And when a new employer applied for a cap-exempt H1B petition in 2017 they got it approved with change of status to H1 in May 2017...Whereas in my case I also didn't use this H1B visa and I even didn't travel to US i.e. My employer filed H1B in 2016 which got approved in Sep 2016 and after my resignation, they revoked H1B in Nov 2016 (which is > OCt, 1 2016), but I got a Denial. When contacted few attorneys they said I may get "Approvals" Or "Deny" in such cases, nowadays its more of details saying I am NOT cap exempt?
The first principle is if you are in the United States and you do not get a change of status you are not exempt from the quota. The second principle is if you are outside the USA and you don't get a visa stamp you are not exempt from the quota. Now in both these cases whether you join the job or not is irrelevant. So the third principle is whether you are joining the job or not is irrelevant.
If you are in your home country you must get a visa stamp if you don't, you are not exempt from the quota. If you are in the USA you must get a change of status otherwise you are not exempt from the quota. Hence principal number four is that if your approved H-1 is revoked before October 1st then you are still subject to the quota and the last principle is if your H-1 is revoked for error or for fraud or misrepresentation you are still subject to the quota.
Very very fruitful conversation and extremely efficient help provided. Very satisfied with the service!