Implementation of the final rule requiring federal contractors and subcontractors to begin using U.S. Citizenship and Immigration Services’ (USCIS) E-Verify system has been delayed until Sept. 8, 2009.
The Suspension will be effective on June 29, 2009. As of that date, the regulations previously in effect as of January 2009, published in the May 29 Federal Register, will be in effect for a period of no more than 9 months. The Department has published concurrently the Adverse Effect Wage Rates and meal charges for 2009, to be used in conjunction with the reinstated regulations.
For the Final Suspension Notice as published in the Federal Register and for FAQs on the Final Suspension Notice, see the attachments.
I'm on H1B working in USA. My visa was expiring in May, so my company applied for H1B and H4 (for my wife) extension in April.
In May 1st week, my wife got admission & assistantship in one of the university. She returned to India on May 20th and she got her F1 visa stamped from India.
Now we are very much concerned that what will happen to my H1 and her H4?
1) Since she has F1, will it affect H1/H4 processing?
2) Do we have to apply for H4 withdrawal in order to maintain her status as F1 ? If so, is it possible for you to apply withdrawal on behalf of us? What is the fee you charge for the same?
3) Is it possible to have F1 and H4 both together at the same time?
4) Since my Employer is a large company and they have filed H1-H4 on behalf of us, is it possible for an outside agency to file H4 withdrawal? And will the H4 withdrawal application affect my H1 visa extension application?
1. H-4 is her personal application. All she needs to do is send a letter to USCIS stating "I hereby withdraw my application for H-4." Attach a copy of the fee receipt for H-4 application that comes from USCIS. I see no need for you spend money on legal fees, but that is your choice.
2. If nothing else works and she does get the H-4 approval, just have her step outside USA and reenter on F-1 visa and get a new I-94 from CBP at the airport.
3. Generally speaking, no.
CBP issued Fact Sheet offering guidance on automatic revalidation for F-1, J-1 and M-1 nonimmigrants. Pursuant to 22 CFR 4 1.1 12 and 8 CFR 214.1 automatic revalidation applies to expired nonimmigrant visas of aliens who have been out of the U.S. for thirty days or less in contiguous territory (Canada and Mexico).
For Fact Sheet please check the attachment.
I had a question about the H4 extension for my daughters.
My H1B visa is stamped until 10/05/2009 for my earlier employer A,when my current employer B transferred my H1B the new NOA had a validity date of May 2010.
My daughters have a valid H4 visa until May 2010
When I returned back from a visit to India back to the US the official at the Port of entry stamped our I-94 until the expiry of the H1B visa for Emp A for oct '2009 for the whole family.
USCIS issued a guidance memorandum that provides USCIS adjudication officers with instructions related to the timing of job creation and the meaning of “full-time” positions in the EB-5 Immigrant Investor Program.
The guidance memorandum update to the Adjudicator’s Field Manual (AFM), clarifies that for purposes of the Immigrant Petition by Alien Entrepreneur (Form I-526) adjudication and the job creation requirements, USCIS will consider the two-year period to begin six months after the adjudication of the Form I-526.
For details check the attachment.
USCIS announced that effective June 29, 2009, it will resume Premium Processing Service for Form I-140, Immigrant Petition for Alien Worker, in accordance with 8 CFR 103.2(f)(2).
After an evaluation of its I-140 backlog reduction efforts and increased I-140 adjudicative efficiencies, USCIS has concluded that it is now able to provide Premium Process Service for this benefit.
U.S. Citizenship and Immigration Services (USCIS) announced that, in partnership with the Federal Bureau of Investigation (FBI), it has met all milestones set forth in a joint business plan announced April 2, 2008, resulting in the elimination of the FBI National Name Check Program (NNCP) backlog.
I entered the US on a B1/B2 visa in febuary 2007, and then changed my status to F1 in May 2007. I enrolled into a 1 year certificate diploma program and started attending school in June 2007. I completed the program and in Fall 2008, I transfered and enrolled into a Master's program at a prestigious university. I have completed 1 year of study and I am half way through the program. I am intending to visit my home country this summer. I would like to know the procedure to obtain the F1 visa stamping. I wish to travel and come back while I am a student. I have obtained my SSN and my Driver's License as well. I have also signed a lease for my apt for the next 1 year. I have always maintained legal status till date. I have working on campus for the last 6 months. I would like to know about the chances of getting my visa stamped before coming back to continue my studies. I am very confused listening to people and I really need some good advice. Its been close to 3 years now and I really wish i can get to see my family back home. I will really appreciate any advices and help. I dont know what kind of questions will be asked in the interview. Also the probability or obtaining the visa stamp. Please tell me what is the best way to approach this and the best thing that I can do.
Chances of getting an F-1 visa are remote. I would want you to reconsider the trip. The biggest problem here is, unless you declared to the consulate that you intended to convert from B to F status, they are likely to consider you to have misrepresented your true intention when you obtained/traveled on B visa.
I STARTED MY EB2 140 CASE WORK WITH RAJIV’S OFFICE AFTER WAITING FOR 2+ YEARS ON MY CURRENT PENDING EB3 140 FILED BY ANOTHER ATTORNEY.I GOT VERY GOOD CASE WORK AND DOCUMENTS REVIEWED BY RAJIV, SUMAN AND MATHEW CHACKO IN DETAIL AND SUGGESTED FOR PORTING AND INTERFILING MY 140’S WITH PENDING 485. MATHEW WAS VERY DETAILED ABOUT REVIEWING MY EXPERIENCE DOCUMENTS AND FINDING OUT THE CHANGES REQUIRED. I WAS ABLE TO GET THE CHANGES DONE AS RECOMMENDED QUICKLY. SUMAN WAS VERY QUICK IN ASSIGNING THE CASE TO ATTORNEY AND ALSO FOR ALL EMAILS FOR ANY CLARIFICATIONS NEEDED. EVEN THE ADMIN STAFF IS QUICK TO RESPONSE WITH SHIPMENTS OR ANY NOTICES. RAJIV WAS SO HELPFUL IN REVIEWING THE CASE IN DETAILS FOR HAVING THE CASE FILING DONE IN A STRATEGIC MANNER ESPECIALLY FOR INTERFILING THE MULTIPLE 140’S I HAVE GOT APPROVED AND PENDING SO FAR. FINALLY WE GOT THE APPROVAL IN LESS THAN 35 DAYS AND I AM REALLY REALLY THANKSFUL FOR RAJIV AND HIS STAFF, ESP. MATHEW CHACKO AND SUMAN FOR THEIR GREAT HELP AND CONCERN TOWARDS THE ATTENTION GIVE TO CLIENTS.I CERTAINLY REFER ANYONE OF MY FRIENDS OR KNOWN PEOPLE TO HAVE REPRESENTATION FROM RAJIV’S LAW OFFICE FOR THEIR GC PROCESS.
I-485 pending cases and procedure to expedite the name check
In cases where I-485 cases are still pending for FBI background checks and if the checks have been pending more than 180 days then there is a procedure to expedite the name check. Contacting the NSC’s congressional liaison and advising them when the name check is cleared will help unless there are no other reasons why the case is being held as sometimes the cases are held back for other security processing.
I filed I-130 for my mother. She has received approval letter for adjustment of status saying that your application has been approved . What does this mean . Does she will have interview or she will get green card in mail? She needs to go to india its emergency in india.
Approval of AOS (Form I-485) means she is now a green card holder as of the date of the approval. The only thing she needs is the proof of that fact. You can take the approval notice, make an infopass appointment and ask that her passport be stamped with evidence that her green card has been approved. That stamp is as good as a green card. She can travel using that.
USCIS announced that individuals with a pending Form I-360 religious worker petition with USCIS, may be eligible for benefits under Ruiz-Diaz v. United States, No. C07-1881RSL (W.D. Wash. June 11, 2009). To see the USCIS notice and the court issued notice in Ruiz-Diaz v. US, No. C07-1881RSL, see attachment.
As ofJune 26, 2009, approximately 44,800 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.
USCIS announced that the Employment Eligibility Verification Form I-9 (Rev. 02/02/09) currently on the USCIS website will continue to be valid for use beyond June 30, 2009.
USCIS has requested that the Office of Management and Budget (OMB) approve the continued use of the current version of Form I-9. While this request is pending, the Form I-9 (Rev. 02/02/09) will not expire.
Number 9
Volume IX
Washington, D.C.
A. STATUTORY NUMBERS
I applied EAD & 485 concurrently. I got EAD and 485 approval within 3 months. I sincerely thank to the team who prepared the documents and who worked to get it done. The response time to any email/voice mail was extremely good. You are very good in explaining things and clarifying any doubts. I sincerely thank you all who worked for me.
Thanks
Dear Prerna,
Kudos and Congratulations to Rajiv Khanna and his team. Another I-485 approved.
Thinking back, I first reached your office on 31 Mar, 2001 to start my GC process. The team worked meticulously and by the end of the day, mission to
post the application in USPS office was accomplished.
Special thanks to Suman, who when contacted by a team member, refused to allow my application to leave Khanna’s office till it was meticulously correct in all details.
Special thanks to Charu, who accompanied me from Post Office to Post Office late in the evening and finally found one, which will accept the Envelope
containing the application.
Special thanks to Chacko and Shivani who kept me informed of the development when they were handling the case.
And of course, Special thanks to Prerna who so painstakingly, prepared the I-485 (and Travel Document, year after year) and was always so happy to inform me about the developments in the case.
And finally, please convey my thanks to Mr. Khanna, who is so carefully conducting Backlog Reduction Case, which I read with serious interest.
And special thanks to those whom I forgot to mention.
Thanks all. Keep up the good show.
Prakash
I and my family would like to convey our sincere thanks and appreciation to Mr. Khanna and his staff for helping us to get through the approval of 485 within 10 months of filing of 140/485 concurrently.
I want to personally thank Mr Khanna and his staff especially Amrita, Prerna,Leila, Diane, Suman, Vijay ... and the list goes whomever I interacted during the process.
I highly recommend this team.
Good Luck for all you. Thanks
Mr.Khanna and his efficient team has smartly answered my complex H1 RFE to get it approved in 2 weeks. I can't thank them enough. I recommend all companies no matter what the size of the company is.
My first contact with The Law Offices of Rajiv Khanna was in 2001 and since then, between me and my wife, we have done 5 H1s and our PR petition.
All I can say is they are an amazing bunch of people and both of us trust them and follow their advice on immigration matters blindly. They are that good.
Many thanks to Rajiv, Charu, Anna, Suman, Vijay and Rena any many others who have helped us.
Thanks again and many regards.
Hai all... thought this might help someone trying to find some information for this FNU problem...First of all i had multiple problems....
am sharing the following info for all, i am sure it helps:
my parents came to US in mar2004, got 6 mon entry. 6-mo extn filed early aug, website showed approval late sept, approval letter recd early oct. they have come to US 2 times earlier (2000 for 1 month and late 2002 for 5 mo). Note that we sent photocopy of I-94, NOT the original.
DOCUMENTS SENT WITH APPLICATION:
3 LETTERS: 1 from my father requesting extn, 1 from me saying I will take them around and will support them, and 1 similar letter from my brother.
Just want to post my success story to help all those silent sufferers who are looking for guidance on Vacation recapture.
My 6th year H1 expired on Oct-13-2004. My company filed for LC in Feb-2004 and I did not meet criteria for 7th year extension.
I used the services of the Law Offices of Rajiv Khanna for my green card under the EB1A/NIW category. I am pleased to say that the firm including Rajiv Khanna and Diane Lombardo were very professional, diligent and prompt. It was comforting to know that I could count on them to deal with the vagaries of the immigration service as I was going through this long, tedious and at times unpredictable process. The entire process took slightly over 3 years for me most of which was due to the long time taken by the immigration service in approving the I-140 and the I-485. My sincere thanks to Rajiv and Diane for helping me through this process.