Workload Transfer Update
As of September 4, 2018, USCIS transferred some of the following cases from the Vermont Service Center to the Potomac Service Center and the Nebraska Service Center:
As of September 4, 2018, USCIS transferred some of the following cases from the Vermont Service Center to the Potomac Service Center and the Nebraska Service Center:
On Sep. 10, USCIS changed the filing location for Form I-751, Petition to Remove Conditions on Residence. This form was previously filed at the California and Vermont service centers. Now, petitioners must send Form I-751 to a USCIS Lockbox facility. However, the California, Nebraska, Vermont, and Texas service centers will be the adjudicating offices.
Number 22
Volume X
Sept 13 Conference Call, Topics of Discussion
Travelling outside the US when H1 is pending, but already have a valid H1 and stamping, SEP-11-2018 USCIS PREMIUM STOPPAGE / NO MORE RFE'S ON OR AFTER SEP-11-2018
On Sept. 6, 2018, the CIS Ombudsman (CISOMB)1 held a stakeholder teleconference to discuss the USCIS “Issuance of Certain RFEs and NOIDs” policy memorandum (PM) that was issued on July 13, 2018. USCIS representatives provided an overview of the memorandum and addressed many questions submitted in advance by the CISOMB. The updated policy went into effect on September 11, 2018. Below is the link of the summary of the PM and the advance questions and answers from the teleconference.
Effective immediately, USCIS will begin accepting copies of negative consultation letters directly from labor unions relating to a current or future O nonimmigrant visa petition request.
WASHINGTON— U.S. Citizenship and Immigration Services (USCIS) today announced the agency will celebrate Constitution Day and Citizenship Day, observed on Sept. 17, with over 260 naturalization ceremonies across the country from Sept. 14 to 23 as part of this year’s celebration of Constitution Week.
USCIS is sending text and email messages between Sept. 17 and Sept. 20, 2018, about filing Form I-90, Application to Replace Permanent Resident Card online. If you are a lawful permanent resident and your Green Card has expired or is about to expire, or if you need to replace it for another reason, you may file Form I-90 online.
It was a very good experience working with Rajiv, whose office handled my green card application under Outstanding Researcher category. They did an excellent job in a very timely manner, and I got my I-140 followed by I-485 approval all within two and half years from LIN center. Thanks a lot to Diane, Prerna, and Suman.
I highly recommend them to anyone looking for immigration related services without any reservation.
A note: Prior to Rajiv I worked with a lawer representing my company and wasted lot of time.
Myself and my family got GC approved. My case had become bit complex due to my doctor's ignorance in preparing medical report properly.
Mr. Rajiv & his employees were very patient through the entire process and helped me through the approval process.
No need to say he is an expert in the Immigration & Naturalization affairs and best part of him I liked is: he is always reachable by email and also by telephone as and when needed without any waiting time!!!
Usually when we want to get some advice from an attorney or a doctor, first thing that comes to mind is they are not reachable without a formal appointment etc. Mr.Rajiv though he is so famous among immigration lawyers, he is still reachable at anytime as and when needed.
His employees were also very cordial and provided personal attention to my case.
In short, he saved my life here.
I would strongly refer him for any USCIS related work.
I have had a wonderful experience working with Rajiv and his team. I want to thank Anna Baker esp. for all her work.
If you are seeking for a some one to represent you I recommend Rajiv's firm with great enthusiasm.
Thanks Rajiv for being so kind and answering all my queries.
Best wishes and God's blessings on your firm.
J.E. Dodla
My current visa H-4 VISA is valid till Nov 25 2016.
- I had applied for an change of status/extension of stay (I539) for H-4 status to July 4 2018 (through underlying H-1 extension).
- I had to travel to India while it was pending. USCIS issued an I-797 - Approval for the extension of stay without abandoning it.
- At the port of entry, the I-94 expiry was marked as Dec 25 2016.
- The expiry date does not jive with the original VISA expiry date Nov 25, 2016 that was presented at the time of arrival. Nor does it reflect the I-539 extended date of July 4 2018 (that was not presented at port of entry).
Please advise -
a) What action would I required to correct I-94 expiry date? Who do I contact to correct it?
b) I am filing for a I-485 adjustment as a spouse of EB-3, The forms require to put the status expiry date. Is it OK to use the more conservative Nov 25 2016 date even though I-539 has been erroneously approved till July 4 2018?
FAQ Transcript:
This is a recurring issue, so first of all I want to address the problem and the possible solutions or the lack of solutions. Often times we have a case, we have a case working on right now actually. This lady entered the US on H-4 visa which was good for let’s say till 2017 but her passport was expiring in 2016 or 2015 She comes in and Customs and Border Protection gives her I-94 only till the date of her passport approval. And sometimes they do that; they will give it to the extent of visa approval, which is incorrect. Your visa could be expiring earlier than your approval. They should still give you the I-94 all the way to your approval not till your visa. In this case they gave it only till 2015 and she is been here over a year now in unlawful presence not realizing that she has been given less stay than 2017.
So, this is a very complicated issue or problematic issue. They will correct the mistakes they have made. If they have made a mistake giving you a wrong date or giving you the date till visa not the approval date, you can actually go back to the CBP at the airport or any of their offices or nearby posts. They have lists of them at www.cbp.gov website and you can ask your I-94 to be corrected.
But there are certain things they don't consider them as errors, such as approval till the passport expiration that cannot be corrected. Then the question is what do you do then?
You have two choices; either you can do the extension of status or current status by filing the form I- 539 or I-129, if you are H-1, L-1 holder. For H-1, L-1 they do it all over again as new case. For H-4 it’s less complicated or simple or you can step outside USA, showing your visa and comeback and receive your I-94 approval. But if your I-94 is already expired, you must speak with your lawyer before you leave. You could very well subject to the bar which comes from the unlawfully present.
So, in this case what happened is the person who has the above question traveled to India while change of status for H-1 to H-4 was pending.
Now USCIS should have declined change of status because they left US, came back received I-94 good till December 2016. The visa expiration date is November 2016, which is what I gave at the airport he says.
What action would I required to correct I-94 expiration date?
Look you can go back to the CBP, make your case that you have made an error, I don’t see the error. If anything they have given you is more time not less and because you traveled abroad while your change of status was pending , that approval is really not worth anything. That’s the mistaken approval.
I am filing for a I-485 adjustment as a spouse of EB3, The forms require to put the status expiry date. Is it OK to use the more conservative Nov 25 2016 date even though I-539 has been erroneously approved till July 4 2018?
I would use the date which they have given you in I - 94 and I would attach an explanation saying that this date maybe incorrect but you don't know. According to your calculation it should have been November 2016.
I always like to make full disclosure to the government, so that they don't come back and create a problem with the discrepancy.
It was a nice experience. The application was filed in a timely manner. The USCIS did not request any RFE and bottom line is that the lawyers got the work done.
Thank You Joy.