USCIS Forms Update Notice
USCIS recently updated the following form(s):
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State Department Announces that Ink Signature No Longer Required on Affidavits of Support
As part of our ongoing efforts to be responsive to customer needs in immigrant visa processing, the Department of State is pleased to announce that original or “wet ink” signatures are no longer required on submitted Forms I-864, Affidavit of Support. This also applies to the I-864A, I-864W, and I-864EZ.
Recording of Free Community Conference Call (Every Other Thursday), 1 December 2016
Immigration Law
Green Card
Substantial transcription for video
Discussion Topics, Thursday, 1 December 2016:
FAQ: New I-140 EAD regulations -- Extending H-1 after I-140 revocation, retaining priority dates under new regulations, per country limits, EAD under the new regulations; effective date of new regulations; Visa cancelled CWOP, 214(b) denial; FAQ: Implications of joining an end client where H-1B employer objects, H-1B employer not paying salary - DOL Wage and Hour Division Complaint WH-4; AC21 green card portability, "same or similar" job under old/new regulations, working on 1099 as contractor; Frequency of visits and duration of stay on tourist/visitors/B-1/B-2 visa; Foreign Medical Graduates, Physicians, H-1B for part time jobs, concurrent cap and cap exempt H-1B employment.
Other: Consular processing green card through future employer; Can one start H-1B job before the requested start date? Court orders for migration of child by divorced parent; H-2B extension, denial, 240-day rule; Volunteering on F-1 OPT; Aging out; Name errors on green card; Humanitarian parole, H-1B change of status, etc.
AAO Processing Times as of December 1, 2016
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Case Type |
Time |
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Agency
Immigration Law
Visa Bulletin - January 2017
Agency
Green Card
USCIS Announces Citizenship Resource Center Improved for Mobile Devices
Beginning December 12, the free citizenship preparation and study materials in USCIS’ Citizenship Resource Center will be easier to use from a smartphone, tablet or other mobile device. Among the improvements, the new design puts key navigational links inside a single “hamburger” icon like that found on many other mobile sites. This redesign follows the launch of mobile friendly design on other parts of uscis.gov and uscis.gov/es earlier this year.
USCIS Announces Extension of Parole for Immediate Relatives of U.S. Citizens
To allow immediate relatives of U.S. citizens and certain “stateless” individuals to maintain legal status in the CNMI, U.S. Citizenship and Immigration Services (USCIS) has extended the parole program for these relatives, effective immediately, until December 31, 2018.
To apply for extension of this parole, you must:
What is new regulations for H-1 grace period, revocation of I-140 ?
Question details
My I 140 is approved in 2013 and H1-B 5 year and 3 months are completed.
I have important question , after 17 Jan 2016 , my any chance I loose my job and my employer revoke my H1-B and I 140.
1. Will I get some time to find new job and new employee to transfer my H1-B ?
2. after my employer revoke my H1-B what is time line I can still transfer my H1-B visa with new employer?
Government will sympathetically consider unexpected layoffs and should give you consideration up to 60 days each H-1 period. So one 60 day period let say you have taken and then changed your employer another 60 day period kind of like that and there is little more to it but each time there is new validity to H-1 . You will be able to get 60 more days.
FAQ Transcript
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
USCIS Publishes Interim Rule on T Nonimmigrant Status
The Department of Homeland Security (DHS) is amending its regulations governing the requirements and procedures for victims of human trafficking who seek T nonimmigrant status. DHS is also streamlining procedures, responding to public comments, and providing guidance on the statutory requirements for T nonimmigrants in order to ensure that the T nonimmigrant status (T visa) regulations are up to date and reflect USCIS’ adjudicative experience.
H-2B Returning Worker Program Expired
The H-2B returning worker provisions of the Consolidated Appropriations Act of 2016 (Public Law 114-113) expired on Sept.
USCIS Fee Changes Take Effect Dec. 23
USCIS reminds applicants and petitioners to pay new fees with forms postmarked or filed on or after Dec. 23, 2016, or USCIS will not be able to accept the filings. USCIS will only accept previous fees if they are postmarked Dec. 22 or earlier.
Guestbook Entry for Sreenath Srikrishnan , United States
Name
Sreenath Srikrishnan
Country
United States
State
Wisconsin
Guestbook Entry for Praveen , United States
Name
Praveen
Country
United States
Comment
Dear Rajiv,
I would like to thank every one in your office who is working my green card case. The first two major steps in my green card process, Labor and 140 have been completed. Special Kudos/thanks to my case manager Aruna Marthi. She did put awesome effort in preparing my case, did necessary follow-up with INS and very patient in answering my calls with detailed information. I’d highly recommend law offices of Rajiv for every one who are looking for future green card process. Thank you all once again.
Guestbook Entry for Fiona Pearson, United States
Name
Fiona Pearson
Country
United States
State
Pennsylvania
Comment
Thank you for all your assistance. After 10 years in the US and almost 5 years after filing for our green cards we can now relax and enjoy our lives. Would recommend you to anyone needing immigration assistance
Guestbook Entry for Sudarshan Dayanidhi, United States
Name
Sudarshan Dayanidhi
Country
United States
State
Pennsylvania
Comment
Heather and Mathew were most efficient, personable and timely in the processing of the application and clarification of any doubts I had. The total time for a Schedule A worker Permanent Residency/Green Card took under 4 months from filing.
I also appreciated the reasonable payment option.
USCIS Updates Rejection Criteria for Form I-129
USCIS will reject petitions lacking petitioner’s or applicant’s primary U.S. office address
USCIS Aims to Decrease Processing Times for N-400 and I-485
USCIS will implement a national strategy to decrease differences in processing times based on location for Form N-400, Application for Naturalization, and Form I-485, Application to Register Permanent Residence or Adjust Status.
What to do About Past Immigration Problems Causing a Current Visa Denial?
Question details
I'm an Indian, living in Canada on PR. I recently applied for a visit visa to the US, and got denied. The main questions I got were regarding University of Farmington. It was a fake university setup by ICE, and then they did a swoop and arrested and deported a lot of the students. I was enrolled into Farmington from Feb 2017 - Feb 2018. <br>
I was asked if:<br>
1) How I didn't think it was weird that there were no classes?<br>
My response - Well yes, that's why I left after a year<br>
2) So what did you do for a year?<br>
My response - waited on more information from the university regarding class timings, and just kinda hung around<br>
3) I was pressed on what I did when I was hanging around, how I paid for things<br>
My response - I worked during that time<br>
<br>
The officer typed up something into the screen for sometime (I'm assuming it's whatever was discussed above) and gave me a denial.
<br>
I did not want to start a debate about immigration laws or how this was Entrapment, or the "bait car" tactic. I thanked him, took my passport and the pink rejection letter and left.<br>
What are my options ahead? Should I:<br>
1) Re-apply and give it another shot?<br>
2) Wait to become a Canadian citizen, then apply?<br>
3) Enroll into an organization that has conferences and such in the US, and based on an upcoming conference (eg: Chicago, or NY), then apply for that conference only?<br>
4) Hire a lawyer to fight this in court as being unfair.
FAQ Transcript
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
USCIS to Celebrate Independence Day by Welcoming Nearly 7,500 New Citizens
WASHINGTON — This week, U.S. Citizenship and Immigration Services (USCIS) will celebrate the Declaration of Independence and the birth of the country by welcoming almost 7,500 new citizens in nearly 110 naturalization ceremonies between July 1 and July 5. The naturalization ceremonies will be held in venues across the country, and include several notable ceremonies.
Downgrading from EB-2 to EB-3
Question details
My wife and I are currently on EAD's since Feb 2012 when the dates became current for our priority date and we were able to apply for the I-485. She is the primary applicant and I am the dependent on her application. Since 2012 the EAD/AP card is being renewed every 2 years. With the EB3 category now going ahead of EB2 does it make sense for her to downgrade to EB3 - Apply for I-140 under EB3. I believe it takes 6 months for approval so we would essentially be doing this preemptively in anticipation of our date becoming current under EB3 in 6+ months.
Watch the Video on this FAQ: Downgrading from EB-2 to EB-3
Video Transcript
I see no problem applying for EB-3 and then using whichever one is faster when the time comes. More...
FAQ Transcript
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
Applying for Green Card while on Student (F-1) Visa
Question details
I am in F1 OPT and did not got selected in any of the H1B lottery(in all 3 chances). Current OPT ends on 25 Jan 2020. My company is asking if they can apply for Green card for me. I am working as a lead engineer and responsible for P&L of my department. Will you suggest me to go ahead with GC process without H1B?.
FAQ Transcript
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
I sincerely thank Rajiv Khanna and his team of professionals for their work on my PERM (Labor) stage of my Green card process. I would extend my heartiest thanks especially to Subha, Roopa and Pramita who were actively involved in my case. I got my approval in 2 weeks. I would like to mention that I work for a medium sized company and this is the first time my employer was filing for permanent residency. We were patiently educated and guided through the entire process. Mr. Khanna’s team did all paperwork professionally. I am very happy with the services of The Law Offices of Rajiv Khanna and would definitely recommend them for any immigration case.