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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.
Applied for EAD renewal MAY 2004
Applied for INFOPASS appointment on completion of 90 days.
Went Federal plaza @12pm for a 1pm appointment, promptly admitted.
Directed to third floor no one on line, given a number and I765 to fill up and asked to go to 9th floor.
When I got off the elevator, and entered the room my number was called ( that fast, fortunately I took an I 765 form all filled up, or else I wouldn't have time to even complete it!!!)
1.30 hours wait for processing and photos/finger print etc.
Went to San Jose USCIS office
* filed for EAD 3rd Renewal with RD June 28th at TSC but no response till today.
* went to San Jose USCIS office on Sep 27th for IEAD as I stay in Bay Area.
* Though had an appointment, it is about Hour and half before i was called to the window.
*Approved EAD for 8 months with no questions asked by just looking at EAD recipt notice & passport and taking a pre-filled EAD Application, copy of I-140 approval notice and I-485 notice.
Taxonomy upgrade extras
USCIS Naturalizes 7,000 New Citizens over the Independence Day Holiday
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) will celebrate the 240th anniversary of the Declaration of Independence, and our nation’s birthday, by welcoming more than 7,000 new U.S.
Recording of Free Community Conference Call (Every Other Thursday), 30 June 2016
Citizenship and Naturalization
Immigration Law
Discussion Topics, Thursday, 30 June 2016:
FAQ: Can one work during H-4 EAD renewal; Can a green card applicant (sibling of US citizen) remain in USA while green card is processed; Proving ties to home country for tourist visa; Can I look for a job while EAD is still pending;
Other: Remedy against a US citizen spouse; entering USA on green card, how long must I work with employer, maintaining green card; H-4 visa stamping problems; CSPA protection; Getting status updates on PERM; Effect on visa stamping of 30-day gap in status; Revocation of I-140 and priority date; Applying for OPT while H-1 is pending; New visa required or not if I change H-1 employers; AC21 options for EB-1C executive/manager; 3 year extension of H-1 through a new company based upon I-140 approval; etc.
Guestbook Entry for Divya Ananth, United States
Hi, I want to leave a comment on my positive experience with LORK every time I reach out to the firm. I was a client of LORK when my green card was applied through my employer and they took utmost care of the case. Especially, I was one of the people that applied during July 2007 visa bulletin fiasco and the firm was very good at answering and responding to all of my repeated questions patiently. Since then, I have always reached out whenever I had a question on immigration matters and the staff always, always respond back to me promptly. Even though I was a client several years back, they still take care as if I am their current client. Greatly appreciate everyone at the firm and especially Mr Khanna for his due diligence, prompt responses and timely calls and great advice. Would love to do business with LORK again. thanks for all that you do to help our fellow Indians.
USCIS Returns Unselected Fiscal Year 2017 H-1B Cap-Subject Petitions
USCIS announced on July 8, 2016, that it has returned all fiscal year 2017 H-1B cap-subject petitions that were not selected in our computer-generated random selection process.
Temporary Protected Status Extended for El Salvador
WASHINGTON—Secretary of Homeland Security Jeh Johnson has extended Temporary Protected Status (TPS) for eligible nationals of El Salvador (and those without nationality who last habitually resided in El Salvador) for an additional 18 months, effective
Child Born To A Lawful Permanent Resident Mother During Her Temporary Absence From The U.S
A child is born to a lawful permanent resident mother during her temporary absence from the U.S. What must the parent do to be able to bring their child back to the United States and obtain LPR status for him/her?
Children born during the temporary visit abroad of a lawful permanent resident (LPR) mother are classified as NA3.
· A child who meets the requirements of the NA3 classification is exempt both the passport and immigrant visa requirement when arriving in the U.S. for the first time.
· The child must apply for admission to the United States within two years of birth.
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.
Guestbook Entry for Fred, United States
I had my green card filed through my employer and got the opportunity to work directly with Lakshmi Kompella, one of the attorneys at the law firm and I couldn't have asked for a better person to handle my case. She was always available to take my calls and answer any of the multiple questions I had in great detail, and never failed to return my calls and emails whenever I was not able to reach her. My process went by really fast and I attribute that to the diligent work that Lakshmi and her team performed. I won't hesitate to recommend my friends and colleagues to this law firm for any of the services they provide.
USCIS Processing Time as of 07/14/2016
USCIS generally process cases in the order they receive them. The link below provides you an estimate of how much time the office handling your case currently takes to process your type of application, petition, or request.
Guestbook Entry for Nikhil Kaushal, United States
I appreciate all the insight and the help from Mr. Khanna's office in regards to applying and getting my case approved with in one year. Would specially like to thank Mathew, Bharathi, and Rita to answer my queries.
Guestbook Entry for Dr. Rajesh Gomtam, United States
My wife and I received our ‘welcome notices’ within 1.5 years of the whole process with Rajiv S. Khanna as our attorney. To give you a brief background about our GC journey, my EB1 (OR) was first approved last year. During that process, I received an RFE and Mr. Khanna and his team were very skillful in handling that RFE and got my I140 approved. Later, it was a pain staking journey concerning the I485 and finally I received the email from USCIS indicating that the ‘Welcome Notice’ was mailed and my card production was ordered. During the whole process, Mr. Khanna and Diane Lombardo were very professional and provided me with relevant information concerning all immigration related legal issues, so that I clear the process without any hassle. I strongly feel that Mr. Khanna knows his field and I would recommend his firm to anybody. We are really glad that we chose this Law firm. It’s worth every penny. We are greatly pleased with Mr. Khanna and his staff as far as their professionalism, courtesy and promptness regarding my GC processing.
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.