Dear Rajiv & Diane, Thank you for taking time to talk with me yesterday. I was trying to make my case an O-1. Rajiv was upfront in letting me know that it was not an O-1 case. Prior to this, I also benefited from his invaluable advice, which he didn't charge anything, to have got a Back Pay for 10 months. Rajiv earned my trust with his honesty, knowledge and generosity. I would recommend him to those who are in need of professional services in immigration. Best regards, Wendy Zhang
Starting today, USCIS will suspend final adjudication of employment-based Form I-485 applications (Form I-485, Application to Register Permanent Residence or Adjust Status) because the Department of State reports that the statutory cap has been reached for the employment-based preference categories for fiscal year (FY) 2015.
This suspension applies to all employment-based adjustment applications pending with USCIS through September 30, 2015 (the remainder of FY2015).
You may pay for your N-400, Application for Naturalization, using a credit card. There is no additional fee to pay with your credit card. The N-400 is the only form that can be paid for by credit card using the G-1450, Authorization for Credit Card Transaction.
You may use Visa, MasterCard, American Express and Discover. You may also use gift cards with Visa, MasterCard, American Express and Discover logos.
I am a green card holder and received it on Oct 21, 2011. I moved to India on Nov 21, 2013 . I applied for a re-entry permit before I left USA and I have a permit valid up to Mar 10, 2016.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/OMuYdzLJ2qQ?t=914
FAQ Transcript:
Number 85
Volume IX
Washington, D.C
Immigrant Numbers for October 2015
Revised September 25, 2015
This bulletin supersedes the bulletin for October 2015 that was originally published on September 9, 2015, and contained Dates for Filing Applications long used by the Department of State for internal processing purposes. Following consultations with the Department of Homeland Security (DHS), the Dates for Filing Applications for some categories in the Family-Sponsored and Employment-Based preferences have been adjusted to better reflect a timeframe justifying immediate action in the application process. The Dates for Filing Applications sections (sections 4.B.
I wanted to thank everyone for all the helpful comments and guidance posted in this forum!
Went to the USCIS office in Manhattan yesterday for my interview at 730 am. After going through security went to the waiting area and handed my interview notice to the receptionist. My name was called by the IO at 8 am. It must have been a very quiet day and there were no more than 15-20 people in the waiting area!
My parents had their citizenship interview few days back. My father passed the interview. My mother had been concentrating more on the civics part and never went over the N-400 application. When the USCIS officer asked her about tax returns and other questions she got confused and couldn't answer then correctly as she was scared to answer them wrong. She passed the civics. On the form she was given at the end stated that she needs to be retested again for understanding language.My father has his oath ceremony next week.
I had my interview at the JFK Building, Boston. My appointment time was around 8am. I got there at 7:30. I was called in at around 9 am. It was a standard interview. I took oath to tell the truth. He asked for my GC, Passport and proof that I had registered for selective service. That is all he asked for.
We went through the N-400 first. He was very detailed. Chatted about my work in between. I had already prepared my travel log since the time of my application and he added that as an addendum to my application. After that we did the civics exams.
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.
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.
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.
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.
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.
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 am 19 years old and live with my parents in India. I have an approved F3 family based immigrant petition which the National Visa Center has shown as “documentarily qualified” since April 2020 My priority date became current in January, 2021. I am waiting for my interview and have received three emails, each requesting I wait another 60 days for my next reply. This fall I enrolled in an associate degree program at a community college in Maryland. I am studying online from India. Should I apply for an expedited F3 family based visa interview based on my educational needs if I want to go and study in the U.S.?
You can certainly try and then go for the interview once it is scheduled. Although consulates have indicated that they are going to frontline family-based immigration dedicated to family unity first, there are certain categories which you might not fall under. Regardless, it is worth trying to get an expedited interview and then try to get a student visa. More...
Note: Where transcribed from audio/video, 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.
I have an approved EAD/AP with my current employer. I also have an H-1B approved until 2024 with the same employer. I have plans to visit India, my home country, in the near future. I am planning to utilize AP to come back to the U.S. and would like to work on the H-1B with the same employer. Is that possible? Also if I do not receive my green card until 2024, can I extend my H-1B with the same employer.
It is great if you have the time and you can actually get the H-1B visa. If that is not possible what you can do is return on the advance parole. If you are coming to take up the same job which you had when you left and that job was an H-1B on a continuing H-1B, the Government will still consider you to be on H-1B. So returning on advance parole to take up the same job which you left on H-1B is considered to be a continuation of that H-1B. You can do H-1B extensions, transfers, etc., once you are in the U.S. More...
Note: Where transcribed from audio/video, 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.
My question is related to green card filing. My green card was filed with Employer A. I have an approved I-140. I moved to Employer B, working on an H-1B valid until April 2023. They have not filed the labor for me yet. My priority date is February 2012. As per the latest visa bulletin I can file for EAD but the final date is September 2011. Currently I am not in the U.S. so I can't file for EAD. I hope to be in the U.S. in the next 4-5 months. Do I need to join Employer A for processing my green card? What would be the best option for me to get the green card without wasting time when I reach the U.S?
First of all you have to be in the United States to apply for your Adjustment of Status. Secondly in your case, because no new green card was started, your old employer must offer you the same job which you have to go and join eventually in good faith.
You can actually have I-485 filed through a job offer from employer A, the same job which was the basis of your green card. If you don't have that, you cannot file I-485. You can only file for I-485 /Adjustment of Status when your priority date is current and the job that is the basis of the green card is available to you right then. After 180 days of the I-485 pendency, you may never have to join the old employer because you can take a same or similar job anywhere. Just make sure that you have the good faith, honest intention of joining the old employer when you file the I-485. More...
Note: Where transcribed from audio/video, 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.
I am currently working on a F-1 visa and started my OPT in June. My employer would be applying for my H1B in 2022. Is it ok for me to travel to India right now? Will I face any problems while returning back? Also, for traveling to India what legal docs or formalities are needed?
See this blog entry. https://www.immigration.com/blogs/f-1-students-travel-during-opt-or-h-1…
Note: Where transcribed from audio/video, 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.
How many days can a green card holder stay outside the U.S. continuously per year and non-continuously per year?
Anytime you have been gone for six months or more you could be questioned very closely. Your permanent home must be in the United States. More...
Note: Where transcribed from audio/video, 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.
I am in field A and have received my green card, still working with my sponsoring employer. I am contemplating a career change to field B that is totally unrelated to field A due to personal dissatisfaction with field A on the whole. Is there a safe time frame to do this without repercussions to my current green card and the naturalization process?
I personally think you should wait as long as you can and then change careers if that's what you want. There is no rule of thumb in these cases. Each case is unique. What is most important is that you should not have a preconceived intention. More...
Note: Where transcribed from audio/video, 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.
My wife is on Day-1 CPT and went for F1 renewal , without asking much question she got 214B denial. So there is an option to re-apply, do you think we should apply again and produce document which shows she got tie ups in home country ?
You can try. 214(b) denials are difficult to overcome and highly unpredictable.
Note: Where transcribed from audio/video, 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.
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.
Dear Mr. Rajiv & Team,
Thank you for taking time to address my immigration concerns and questions. You were very professional and frank. It was nice talking to you this morning.
Thanks
Balaji