USCIS Issues Final Rule on Employment Eligibility Verification Form
April 14, 2011
Final Rule Adopts Interim Rule Improving Integrity of Form I-9 Process
April 14, 2011
Final Rule Adopts Interim Rule Improving Integrity of Form I-9 Process
Final Rule Adopts Interim Rule to Improving Integrity of Form I-9 Process
U.S. Citizenship and Immigration Services (USCIS) announced today a final rule, scheduled to be published in tomorrow’s Federal Register, that adopts, without change, an interim rule to improve the integrity of the Employment Eligibility Verification (Form I-9) process. USCIS received approximately 75 public comments in response to the interim rule, which has been in effect since April 3, 2009.
I had a very good experience. I hopped to a 10 minute conversation with Rajiv Khanna where he answered my questions around GC maintenance, adoption, etc. This first call was at no charge.
I am currently on OPT, expiring on 23 May 11. I am currently working but my current employer is not willing to file for my visa and I am unable to find an employer who can file for H1B. I have following questions:
1) If I am not able to find a company-how much time ahead of my visa expiration I will have to file for H4?
2) How difficult it is for an employer file for H1 from H1 and what is the process?
3) If I have to travel out of country before the OPT expiration-do I need to have another visa approved to re enter before my OPT expiration?
1. Your H-4 application must reach USCIS before expiration of your OPT (although it could be argued that you have an extra 60 days, but I stay away from having to argue).
2. No different than filing a new H-1.
3. You could have a difficult time entering if cutting too close the end, although, legally you are entitled to it as long as you have a job in your field that you have been performing on your OPT.
I am a British citizen on L1 visa. My boyfriend is a US citizen and we intend to marry. If we seek the fiancé visa, will I have to go back to the UK for any time? And if I intend to relocate within the US to collocate with him (and therefore will need to find a new employer) what kind of working visa could I obtain?
You can just get married and apply for a green card directly while you are still in USA. You can continue working on L-1. In 90 days or so, you should also receive your EAD, if you apply.
[Federal Register: April 15, 2011 (Volume 76, Number 73)]
[Rules and Regulations]
[Page 21225-21232]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15ap11-1]
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Rules and Regulations
Federal Register
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CIS Ombudsman recommends USCIS to strengthen the Special Immigrant Juveniles (SIJ) program by standardizing practices, stop RFEs on state court determinations of dependency, and issue guidance regarding adequate evidence.
Please check the attachment to see the CIS Ombudsman Recommendation.
The Department has published in the Federal Register a notice outlining procedures for notifying the Department that an H-2A worker certified on an Application for Temporary Employment Certification or a worker in corresponding employment has voluntarily abandoned employment, or was terminated for cause. Read the text of the notice here.
Where can I find the DS-160?
Access the DS-160, by clicking: Consular Electronic Application Center website. We recommend that you use Internet Explorer or Firefox browsers to access the DS-160.
Can my answers be in my native language?
No. All answers must be in English, using English characters only, except when you are asked to provide your full name in your native alphabet. Applications submitted in any language other than English will be denied, and you may be required to submit a new application. While you must answer all questions in English, translations of questions are available in many languages from the drop-down menu in the right upper corner of the application. These translations should assist you in completing the form in English.
Here is a question from clients.immigration.com, our clients-only extranet.:
As of April 15, 2011, USCIS has issued receipts on approximately 7,100 H-1B cap-subject petitions and 5,100 H-1B petitions for aliens with advanced degrees.
The representatives of ICE and SEVP would be visiting the Embassy of India (2107 Massachusetts Ave. NW, Washington DC 20008) on Friday, April 15, 2011 at 10.30 AM. Former TVU students interested in attending this meeting to interact with the officials of the ICE and SEVP should let us know. Our Ambassador and Deputy Chief of Mission would also be present during the meeting.
As of April 7, 2011, approximately 10,400 H-1B cap-subject petitions were receipted. Out of these 4,500 H-1B petitions are for aliens with advanced degrees.
If Congress is unable to reach an agreement regarding the budget on Friday, the government will close at midnight on Saturday April 9. From that time forward, only "essential" government workers remain on the job. Here is a breakdown by agency:
CBP: Inspection and law enforcement are considered "essential personnel" though they will probably have fewer officers on duty.
We won a National Interest Waiver case for a Molecular Biologist holding a Ph.D. having over ten years of research experience. We argued that her qualifications were unique as compared to others in the field and that she was noted as one of the few in her field that has achieved the highest level of success. She had remarkable contributions to the field, most notably her significant discoveries in cardiovascular research. This applicant had an extensive publication list as well as a book chapter.
We won an Outstanding Researcher case for a Research Associate Ph.D. in Instrumentation and Master of Science in Materials Science with over 13 years experience. We argued that with his extensive list of achievements, i.e. 11 refereed journal articles, 7 manuscripts currently under review, 11 publications in conference proceedings, peer reviewing of manuscripts and selection as a doctoral fellow at a world-renowned institute, he more than qualified for the category. This applicant's work was funded and supported by NASA.
We won an Alien of Extraordinary Ability case for a Ph.D. in physics. This applicant had over 13 years of research experience, 30 refereed journal articles, 12 Invited presentations at conferences and meetings, 2 refereed conference publications, peer reviewing of manuscripts for prestigious international journals, employment at several world-renowned institutes and was elected to membership in Sigma Xi, the Scientific Research Society. Clearly, this applicant stood out among his peers as one of the few who has reached the highest level of success in his field.
We won a National Interest Waiver case for an applicant holding an M.D., Ph.D. and MSE in Biomedical Engineering, and a B.Tech. in Electrical Engineering. This applicant had an extraordinary background. His degrees were received from the most prestigious institutes in the world, notably Harvard, MIT and Johns Hopkins University . His pioneering work has lead others in the field to a better understanding of what causes sudden cardiac death through fatal arrhythmias. His work was quoted as "revolutionizing health care."
We won an Outstanding Researcher case following a Request for Evidence, which included a detailed offer of employment request. The applicant had over 13 years research experience, a multitude of scholarly publications in prestigious, international, peer-reviewed journals, numerous requests for reviews and significant contributions to the field of Polymer Science as well as "invitations" to present his innovative research findings.
Mr. Khanna and his staff are very meticulous in preparing the case and the paperwork, and take the time to do it right. It paid off for my labour certification; I got my approval January 25, 2006.
I've been working with Rajeev Khanna and his team who have helped me tremendously in applying for PERM and since my PERM was certified just three days before the 30th September 2005 deadline for I-140/I-485, Rajeev's team (especially Vijay Durgam, Prerna Mehta and Pramita) did an amazing job of compiling all the documents and getting everything ready and getting my I-40/I-485 packet to the processing center within 2 days (few hours before the deadline expired).
I am now waiting for my I-140/I-485 processing but would like to thank Rajeev Khanna and his team profusely for all the hard work they did on behalf of me and my company.
Please contact me if you have any questions.
I am processing my GC in PERM Process through Rajiv S Khanna Law Firm. My case manager is Vijay Durgam. They are very clear on the proces and insists and guide from the beginning for clear documents.
I am really satisfied with their work. I got my PERM LC approval within 2 weeks.
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