Ombudsman Update: Change of Address with USCIS
This Update provides helpful hints for U.S. citizens and non-U.S. citizens on when to change your address with the U.S. Citizenship and Immigration Services (USCIS) and do it.
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DHS Updates Change Of Address Procedures Information
Changing an address with the various Federal immigration components can be confusing, and failure to properly make an address change can lead to denials and other adverse immigration consequences. The Ombudsman's Office encourages immigration benefits applicants and petitioners to promptly notify U.S. Citizenship and Immigration Services (USCIS), the Executive Office for Immigration Review (EOIR), the U.S. Department of State (DOS), and/or the U.S. Department of Labor (DOL) of any change in address. Mail forwarding is not always rapid or reliable.
H-1B for Recruiter Position
A recruiting firm for accountants retained our services to file an H-1B petition for a recruiter. Typically, it is difficult to justify that the position of a recruiter qualifies as an H-1B level occupation. Our petition to USCIS argued, however, that even though recruiters do not generally qualify as a specialty level occupation, the present case is different because the beneficiary will be hired as an International Accounting/Finance Recruiter.
Nonimmigrant Visas
Profession/Occupation
Fingerprinting for US Immigration
USCIS requires applicants and petitioners for certain immigration benefits to be fingerprinted for the purpose of conducting FBI criminal background checks. To better ensure both the quality and integrity of the process, USCIS processes fingerprint cards for immigration benefits only if an authorized fingerprint site prepares them. Authorized fingerprint sites include USCIS offices, Application Support Centers (ASCs), and U.S. consular offices and military installations abroad. In general, USCIS schedules people to be fingerprinted at an authorized fingerprint site after an application or petition is filed. USCIS charges a set fee per person (for most applicants) at the time of filing for this fingerprinting service. Please check the instructions on your Immigration application or petition form to find out if you must be fingerprinted.
The following three points apply for all immigration benefits applications (see exceptionsbelow) requiring an FD-258 fingerprint check filed with USCIS after March 29, 1998:
- Do not submit a completed fingerprint card (FD-258) with your application. Your application will be accepted without the fingerprint card attached. If you submit a completed fingerprint card with your application on or after March 29, 1998, the card will be rejected and you will be scheduled to be fingerprinted by USCIS.
- Do submit fee, in addition to the application fee, payable to USCIS, with your application. The fee is noted at the top of our Forms and Fees page. This charge will cover the cost for you to be fingerprinted by USCIS.
- After USCIS receives your application, USCIS will provide you with an appointment letter with the location of the nearest USCIS authorized fingerprint site. Please read the instructions in the appointment letter, and take it to USCIS authorized fingerprint site when you go to your fingerprint appointment.
Applicants and petitioners residing abroad who are fingerprinted at a United States consular or military installation abroad do not need to be fingerprinted by USCIS and are exempt from the fingerprint fee. These applicants and petitioners must file their completed card at the time their application or petition is filed.
The following forms are subject to exceptions to the above requirements.
- Special Fingerprint Instructions for Form I-600, "Petition to Classify Orphan as an Immediate Relative (Orphan Petition)," and Form I-600A, "Application for Advance Processing of Orphan Petition (Advance Processing Application)"
- Form I-589, "Application for Asylum and for Withholding of Removal"
To find the Application Support Centers (ASCs) closest to you, see the "USCIS Service and Office Locator" page. You can also call our toll free number at 1-800-375-5283.
Related links
Safety & Security of U.S. Borders: Biometrics
Fingerprints & Other Biometrics
Identification Record Request/Criminal Background Check
Upgrade to 10-Fingerprint Collection
Biometrics -DHS
Green Card
Immigration Law
USCIS Ombudsman Publishes Fact Sheet On Case Assistance Online Pilot Program
USCIS Ombudsman Case Assistance Online pilot program, a new initiative allowing paperless submission of assistance requests. The pilot program is currently available in Texas and DC, with plans to expand nationwide in fall 2011.
USCIS Reminds That Certain Fees May Not Be Collected From H-2A And H-2B Workers
As the traditional harvest season approaches, USCIS reminds petitioners that certain fees may not be collected from H-2A and H-2B workers, according to 8 C.F.R. § 214.2(h)(5)(xi)(A) and § 214.2(h)(6)(i)(B). We realize that delays in adjudicating these petitions may affect employers’ ability to place workers in time-sensitive jobs. To avoid delays, USCIS urges petitioners to submit sufficient information regarding their recruitment efforts and the nature of fees collected from H-2A and H-2B workers.
Secretary Napolitano Announces Initiatives to Promote Startup Enterprises and Spur Job Creation
Release Date: August 2, 2011
For Immediate Release
Office of the Press Secretary
Contact: 202-282-8010
USCIS Centralizes Filing of Form I-130
WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) announced that effective Aug. 15, 2011, petitioners residing in countries without USCIS offices will be able to file a Petition for an Alien Relative (Form I-130), with the USCIS Chicago Lockbox facility. This will increase the efficiency of the relative petition filing process and give USCIS more flexibility in managing its workload. Previous regulations permitted these petitioners, who comprise about 5 percent of all I-130 petitioners, to file with USCIS or the U.S.
USCIS Publishes FAQs on Entrepreneurs And EB-2 Visa
Questions and Answers
Q1. Where can I find the laws governing the Employment Based Second Preference (EB-2) Immigrant Visa Category?
A1. The statutory requirements may be found in the Immigration and Nationality Act (INA) at Section 203(b)(2). The regulatory requirements may be found in the Title 8 Code of Federal Regulations (8 CFR) at section 204.5(k).
EB-3 to EB-2 with the same employer
Question details
My PD is EB3 - Dec 2007. I have 3+2 years of education from India which is equivalent to US Bachelors. I have 3 years of experience before joining the current empoyer. Now I have more than 10 years of experience(including the experience with the current employer). I would like to know if I can apply again in EB-2 with the same employer using the experience gained from current employer.
You can, if the job offered is more than 50% different than the job you were performing so far with the same employer.
Green Card for RN
Question details
I am an RN with a TN visa from Canada. My wife who is an American Indian born in Canada will soon be sponsoring me. Will the fact that I have a visa speed up the process?
It will not speed things up, but filing for Adjustment of Status (which is available only to folks who are already in USA), makes it possible to continue to stay in USA while the green card process is in the works.
CBP Issues New Cards for Global Entry Members
Washington – U.S. Customs and Border Protection (CBP) today announced that Global Entry members will now be issued a Global Entry version of the SENTRI card which allows expedited entry into the U.S. from Canada and Mexico using the NEXUS, SENTRI and Ready Lanes at land ports of entry.
E-Verify Flyer For Federal Contractors Released by USCIS
USCIS flyer summarizing information for federal contractors and subcontractors about the Federal Acquisition Regulation (FAR) E-Verify clause. It also includes what contractors are affected by the FAR E-Verify clause and how to enrol in E-Verify.
Transfer of jobs under same employer
Question details
I am working for a newspaper in the U.S. as a designer under the H1-B visa. I might be taking up a job as a reporter at the same newspaper in the same location for the same salary. The only thing that would change would be my job profile. What are the USCIS formalities involved in this particular situation? Would my employer have to file a whole new I-129? Would the entire petition process have to be undertaken again?
The employer will have to file for an H-1B amendment. It is like doing an H-1 all over again, but the fees can be a lot lesser.
GC petition for a 21 year old
Question details
My friend filed a petition for an adult child (over 21 years old) six years ago and just received notification this year that there's a visa number available for the child. Meanwhile, the child has traveled to study and obtained a permanent residence in Canada. However, the child still wants to join his mother to the United States. Will the US give the child a GC if all the requirements are met?
Sure. The fact that he is in Canada is not an impediment.
Visa Bulletin - September 2011
Number 36
Volume IX
Washington, D.C.
A. STATUTORY NUMBERS
Green Card
Guestbook Entry for M P, United States
Name
M P
Country
United States
State
FL
Comment
I had taken an appointment with Mr Khanna to discuss my H1b transfer filing to a new employer. Unfortunately the day of the appointment I got a call from the potential employer stating they will not be going ahead with my employment because of the visa. During the call I told Mr Khanna about the update and he refunded my appointment fees without thinking twice for which I am very greatful. And I am going to use Mr Khanna's office for my future immigration needs.
Guestbook Entry for Siva K, United States
Name
Siva K
Country
United States
State
Minnesota
Comment
Dear Mr. Khanna, Thank you very much for accomodating me with in your schedule to help me with my H1B, Employment and Workability status questions. You suggestion to contact the CPA has been very beneficial and in time. It is this aspect of your company, to direct people to the right resources to get the right answers, that is so very nice. It clearly shows that Immingration.com exists to genuinely help people to solve their issues and seek the best for them. Once again thank you very much for your help. Regards Siva K
USCIS Policy Memo On Adjudication Of Adjustment Of Status Applications In CNMI
This Policy Memorandum (PM) provides guidance and updates the AFM regarding adjudication of family and employment-based Adjustment of Status Applications from aliens present in the CNMI. This PM is effective immediately.
Guestbook Entry for RG, United States
Name
RG
Country
United States
Comment
Dear Mr. Khanna, I wasn't directly your client, however, your immigration forums provided me a great deal of knowledge and provided a platform to share my experiences with everyone. Thank you for creating these forums; they are truly an asset to your business. Thank you. [url=http://www.rahulgladwin.com]RG[/url]
Guestbook Entry for Sreenivas Puttagunta, United States
Name
Sreenivas Puttagunta
Country
United States
State
IA
Comment
We finally received our green cards after a 5+ year wait with the thorough professional help from Rajiv and team. We are so glad that we chose Mr. Rajiv Khanna for our green card processing. They are so thorough in making sure the documentation is correct and suggesting alternatives for the non available documents. I am not sure how Rajiv manages his time, but his turnaround time for responding to any queries is amazing. I would like to thank specially the team that helped me in the whole process right from labour certification to I-140, I-485 and the timely submission of my EAD and AP applications. Some of the team members that helped me through the process are Mathew, Bharathi, Joseph, Richa, Art Shifflett. I would highly recommend Rajiv Khanna for any one who is looking for any immigration needs. am happy and delighted to inform that we are greened after a wait of 6 years from the start of green card process. Through out this journey Rajiv ji and his team were so detailed, deligent and very informative in handling of our cases. They are very professional and prompt in resolving any issues with USCIS. My specila thanks to Mathew ji and Bharathi ji for personally handling my cases throught out these years. And Kudos to Rajiv for leading such a dedicated team and spending his valuable time when ever his inputs were needed. I strongly recommend law office of Rajis S khanna for your immigration needs.
CIS Ombudsman Releases Recap Of U Visa Teleconference
On June 20, 2011, the Citizenship and Immigration Services Ombudsman's Office (Ombudsman's Office) hosted a public teleconference regarding U nonimmigrant visas and interviewed U.S. Citizenship and Immigration Services (USCIS) and U.S. Department of State (DOS) officials.
DOS Publishes Fact Sheet On US Response To Humanitarian Crisis In Horn Of Africa
Fact Sheet
Office of the Spokesperson
Washington, DC
August 10, 2011
USCIS Reminds Eligible Nationals of Haiti to File for Temporary Protected Status
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) reminds eligible nationals of Haiti (and persons without nationality who last habitually resided in Haiti) to file for Temporary Protected Status (TPS).
TPS was originally designated for Haiti in January 2010 in response to a catastrophic earthquake that devastated that country. The current 18-month extension of TPS for Haiti will remain in effect through Jan. 22, 2013. The following three groups are covered under the Haiti TPS extension and re-designation:
I recently got my H1B and all thanks to Rajiv, Jagbir and Anna. They give personal attention to the case and make sure that no single information is missing before filing the petition to USCIS. They went in to details of my case and cleared all my doubts. Jagbir and Anna were always there to answer my questions and even Rajiv took out time out of his busy schedule when I needed his opinion. I would like to thank Rajiv and his team for such a great work and would strongly recommend their services to anyone. Best Wishes!