PERM Processing Times (as of 03/04/2013)
According to DOL updates as of 03/04/2013, they are working on PERM application filed in the following months:
Analyst Reviews : November 14, 2012
According to DOL updates as of 03/04/2013, they are working on PERM application filed in the following months:
Analyst Reviews : November 14, 2012
The Yearbook of Immigration Statistics is a compendium of tables that provides data on foreign nationals who, during a fiscal year, were granted lawful permanent residence (i.e., admitted as immigrants or became legal permanent
The H-1B Program
Be advised: Premium processing for cap-subject H-1B petitions will begin on April 15, 2013. See the Premium Processing section for more details.
We filed an EB-2 I-140 Petition for a petitioner corporation and a beneficiary Senior Systems Analyst. The USCIS sent us a Request for Evidence (RFE), requesting information proving that the petitioner would be in an employer/employee relationship with the beneficiary and that the petitioner had the ability to pay the proffered wages for all of the beneficiaries for whom it had petitioned.
We filed a lengthy response with nearly forty exhibits. The petition was approved less than three weeks later.
I possess a US Master's Degree in Computer Science and also worked in the US for 7 yrs, 6 of them on H-1 which expired on May 31, 2012. I have since been in India and will complete 12 months of physical presence outside the US in early June 2013. I do have an employer ready to petition on my behalf on April 1st but could you please help shed some light on:
1. Given my past H-1 stay in US, am I subject to either cap of 65,000 or 20,000? If neither, can petition be filed anytime of year after 4/1? Since 12 mos. of physical stay in India will complete in June, can petition be filed on April 1st?
2. Does 12 month rule of physical stay outside the US apply if my current employer were to petition an L-1?
1. You will be subject to quota and USCIS will not accept the filing until one year is over.
2. Being outside for one year does give a fresh start on the L-1 times as well. And, L-1 are not subject to quota.
[Federal Register Volume 78, Number 60 (Thursday, March 28, 2013)]
[Notices]
[Pages 19019-19021]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-07201]
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DEPARTMENT OF LABOR
Employment and Training Administration
USCIS, measures success by how well USCIS reinforces the country’s proud tradition as a nation of hope and opportunity, uphold the integrity of the immigration system, and safeguard the nation’s security.
The accomplishments at USCIS would not be possible without exceptional workforce. The collective ingenuity, professionalism, and dedication of USCIS employees propel the agency to greater success year after year.
USCIS notes that naturalization may be denied in the exercise of discretion if an applicant fails to file required tax returns or owes back taxes. Assuming no other negative factors, under what circumstances will USCIS deny an application for naturalization in an exercise of discretion for lack of good moral character where the applicant has filed all required taxes correctly, has a tax debt, has come to a formal agreement with the IRS or other tax authority to repay the taxes owed, and is paying off the debt?
USCIS instructs officers to accept proof that regular tax payments are being made. USCIS says that all N-400 cases involving an outstanding tax debt will be reviewed on a case-by-case basis, looking at the totality of circumstances.
Assuming no other negative factors, under what circumstances will an application for naturalization be denied for lack of good moral character if USCIS determines that an applicant received benefits for which he or she was not entitled? What if the applicant pays back or is paying back the amount owed? Does it matter the extent to which the benefits were received fraudulently (with intent) vs. inadvertently/unknowingly?
USCIS says that these situations are reviewed on a case-by-case basis looking at all of the factors in the case and that intent would certainly be a factor to consider.
Assuming all other criteria are met, under what circumstances will an application for naturalization be denied where the applicant passed the English test and responded meaningfully to all interview questions, but allegedly does not understand the oath of allegiance? Please provide examples, if possible.
USCIS says that applicants for naturalization are required to demonstrate an ability to read, write, speak,and understand English. The ability to read and write English is determined byadministering the reading and writing tests to the applicant. An applicant’s ability to understand and speak English is determined by the applicant’s ability to understand and speak English during the interview. This includes responding to all questions on the application including unde
Should applicants provide proof of speeding tickets during an N-400 interview?
Applicant should try to provide proof of the ticket and proof of payment of any fine or additional penalties for any tickets over the past five years.
Effective March 22, U.S. Citizenship and Immigration Services (USCIS) is temporarily suspending adjudication of most Form I-129 H-2B petitions for temporary non-agricultural workers while the government considers appropriate action in response to the Court order entered March 21, 2013 in Comite de Apoyo a los Trabajadores Agricolas et al v. Solis, 2:09-cv-00240-LDD (E.D. Pa).
WASHINGTON—Secretary of Homeland Security Janet Napolitano has extended Temporary Protected Status (TPS) for eligible nationals of Honduras for an additional 18 months, beginning July 6, 2013, and ending Jan. 5, 2015.
WASHINGTON— Secretary of Homeland Security Janet Napolitano has extended Temporary Protected Status (TPS) for eligible nationals of Nicaragua for an additional 18 months, beginning July 6, 2013, and ending Jan. 5, 2015.
Foreign visitors arriving in the U.S.—only via air or sea—who need to prove their legal-visitor status—to employers, schools/universities or government agencies—will be able to access their U.S. Customs and Border Protection arrival/departure record information online when the agency starts its records automation on April 30, 2013.
As announced by USCIS on April 2, 2013, USCIS has temporarily suspended adjudication of certain Form I-129 H-2B petitions for temporary non-agricultural workers while the government considers appropriate action in response to the Court order entered March 21, 2013 in Comite de Apoyo a los Trabajadores Agricolas et al v. Solis, 2:09-cv-00240-LDD (E.D. Pa).
What This Means for H-2B Employers
USCIS, in consultation with DOL, prepared the following frequently asked questions and answers.
Q1. When does the U.S. Department of Labor (DOL) expect me to sign an electronically filed H-2A and H-2B temporary labor certification (TLC) application?
As my husband's H-1 expires, we are moving back to India around August/September. I am exploring options to quit my job (also on H1) in the last 2-3 months, but since this is a short period, I'm looking for the most convenient and economical transition. Can you please advise:
- Convert to H4: What is the expense incurred and how much in advance would I have to apply for this?
- I have a tourist visa that is valid till 2016- can I take advantage of this?
- Is there a grace period after leaving a job here (giving up your H1) that I can take advantage of if I time it properly?
You will need to figure out the filing fees for Form I-539 (used for H-4). You can convert to tourist visa (status) if you leave USA and reenter using the tourist visa. To let you back in or not would be at the discretion of the CBP officer who interviews you.
Rajiv Khanna Law offices is a very professional unit of people who help you right on the point. The best service and clear distinction offered by them stands in the way they present the case as it is and also with the right kind of knowledge in the limited amount of time available to make a decision. I am grateful for their truthful advise on my travel during H1B approval.
As announced by USCIS on April 2, 2013, USCIS has temporarily suspended adjudication of certain Form I-129 H-2B petitions for temporary non-agricultural workers.
For more complete information, click here
U.S. Citizenship and Immigration Services (USCIS) announced today that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2014. USCIS has also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the advanced degree exemption. After today, USCIS will not accept H-1B petitions subject to the FY 2014 cap or the advanced degree exemption.
While the process of application to adjustment of status for my mother-in-law was in progress, (sponsored by my husband, a US citizen), my FIL and MIL came to India for a personal reason and there my FIL got into a medical emergency. My mother-in-law's finger print got rejected and they wanted conduct certificate for last 5 years wherever she lived. Now she is not in a position to travel to US until my FIL health gets stable, but we didn't know how to get the conduct certificate from US without her. That's where Mr. Khanna suggested I contact a congressman of our district and explain him the situation so that he will be able to solve the issue by talking to Immigration officers. This was definitely a helpful suggestion. I am yet to contact the congressman. Will let you know the results soon. Thank you very much for Khanna and his team for doing this great service free of cost.