USCIS and CBP Extend Form I-129 Pilot Program for Canadian L-1 Nonimmigrants
U.S. Citizenship and Immigration Services and the U.S.
U.S. Citizenship and Immigration Services and the U.S.
FAQ's
Impact of unlawful presence || Unlawful presence for minors ||How can I downgrade from EB2 to EB3 and the consequences || Traveling abroad while H4 EAD is pending || Filing change of address || Starting business while on student visa || Being without a job on AC21 || Citizenship for employees of consulting companies who have projects in different cities after green card || The new restriction on 12 months of CPT OPT combined – – consequences of H-1B denial on OPT || Not worked for green card sponsoring company – – fraud implication for naturalization/citizenship ||
Other
Applying for a visa || Details of applying for a spouse based green card || Cancellation of visa at the airport || Applying for H1 visa || Quitting green card job after getting green card || quarter exemption scratch that H-1B quota exemption || CSPA || Applying for H4 visa while H one extension is still pending
Number 24
Volume X
Washington, D.C
I am a LPR for 1 year. I married my wife 10 month ago. She came here on a J1 visa that expired 12 years ago and she is out of status. She never filed anything with USCIS except the I-130 9 month ago. The new policy implemented on Aug 9, 2018 for the F,J,M students and accrual of unlawful presence says that she will accumulate unlawful presence starting Aug 9, 2018. If she leaves US after February 5, 2019 she will be subject to 3/10 year bar. She plans to leave shortly before that and wait for her priority date to be current in 1.5 years hopefully. Do you think she can have any problems at the consulate interview if she was out of status for 12 years, and she accumulates close to 180 days of unlawful presence?
Watch the Video on this FAQ: Impact of unlawful presence
Video 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.
My son’s I-94 and visa are expired in June. We have applied for I-539 for extension in October. Will he be granted the extension.
Watch the Video on this FAQ: Unlawful presence for minors
Video Transcript
For a child under the age of 18 until they hit 18 there is no unlawful presence. They are only out of status. More...
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.
Are you seeking to adjust your status and become a U.S. permanent resident under a family-sponsored or employment-based preference immigrant visa? If you have not yet had a relative or employer file an immigrant visa petition on your behalf, please learn more about the Adjustment of Status Filing Process.
I have I-140 approved in EB2, priority date is 2010. When date become current for EB3, I want to downgrade from EB2 to EB3 (I know I have to only refile I-140 and I-485 concurrent). What will happen if USCIS denied newly filed I-140 (EB3)? can I-485 also denied? If newly filed I-140 (EB3) denied, can I used my previously approved I-140 (EB2)?
Watch the Video on this FAQ: How can I downgrade from EB2 to EB3 and the consequences
Video 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 changed my job from company A to Company B. H1,H4,H4 EAD is approved for company A. I moved to company B and my H1 change of employer is approved. While H4 is pending with company B. Can my wife travel to India and apply for H4 visa stamping in India?
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 would like to know whether I should update my residential address to USCIS or immigration department in order to keep them informed of my updated address?? Since I'm the beneficiary and my wife is GC holder, she has applied for my I-130 of family based Green card when I was in New York and now I've moved to South Carolina, are we suppose to inform immigration department? If Yes who should inform them, can I give a permanent Mailing address different from my residential address since I may be working on short-term contracts.
Watch the Video on this FAQ: Filing change of address
Video 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.
On Nov. 15, the Public Engagement Division (PED) held a stakeholder teleconference to discuss the USCIS Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens policy memorandum (PM) that was issued on June 28. USCIS representatives provided an overview of the memorandum, shared an update on the continued implementation of the PM, and addressed many questions submitted in advance.
I am from India, and I am currently doing my masters in the U.S. My goal is to build my startup as I m doing my masters. Therefore, before coming to the U.S, I have incorporated a C Corp in Delaware with me and my brother as the owners. I don't want to violate my F1 status, therefore, even though I have incorporated the C Corp, We are not actively doing any work since I am not sure working on my startup in University will violate my status. I have tried getting in touch with International student services but I have not gotten a clear response on how I can run my startup as an international student while being on F1.
Watch the Video on this FAQ: Starting business while on student visa
Video 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 would like to know is it ok to not be on a job for few months when a person is on AC21 and working on EAD (485 filed) status. Does it raise any issues down the line like getting green card or USC.
Watch the Video on this FAQ: Being without a job on AC21
Video Transcript:
Having a gap in your employment while you are still qualifying for AC21 is not a problem. More...
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.
Discussion Topics, Thursday, 29 November 2018:
FAQ: Effect of L-1A denial on approved EB-1C I-140 || Transfer of priority date on an I-140 -- process || Period of maximum stay allowed for tourist visa entrants || Continuing employment-based green card while moving outside the USA || Starting business on I-485 EAD|| Status expiring during the pendency of an H-1B extension || EB-2 approved applying for EB-3 || I-94 expired -- Unlawful Presence
Other: Travel during H-4 EAD || I-140 denial effect on concurrently filed I-485 || EB2 with a three-year bachelor’s degree || Green card for child born in Canada || H-1 transfer || 3 year H-1B extension || Four year delay in naturalization || Errors in H-1B approval || Fiance visa || Revocation of green card because of the company merger
USCIS has published a policy memorandum (PDF, 121 KB) (PM) clarifying the requirement that a qualifying organization employ a principal L-1 beneficiary abroad for one continuous year out of the three years before the time of petition filing (“one-year
Hi ALL It took me sometime to write this comment, because it was hard to find the words to express my admiration and satisfaction with this winning Law office, especially my Case Team (Amrita and Seema). I come from a background that I had few failures with other offices; Needless to say, I lost both Money and Time. When I moved my case to this office, I thought it was a little more Money than I paid before. Also, the process seemed a little slow, because my Case Managers was very careful and cautious about every detail. They always said, we look at the long term implications, not to have you pass the PERM and fail in the next steps. Frankly, I felt bad sometimes because of the time spent to get everything perfect. Here come the surprise, when they finally submitted my case, I got approved within 72 Hours. it was obviously shocking unbelievable surprise. This result made appreciate they way the case was prepared and the time spent. That being said, this office worth every penny paid and more. I'm really impressed with my Case Managers (Amrita and Seema). Amrita, Seema, Thank you very much for all what you done. Looking forward to applying I140, I485 with your office. Everybody out there, forget about your law office you are using, go with immigration.com, these people know what they are doing! Thanks all Emad Girgis
Awesome service. No problems at all. Case got approved in less than expected time.
Entire staff at Rajiv Khanna law firm is very helpful especially Diane Lombardo. My green card petition got approved and i received my green card. Many many thanks Mr.Rajiv Khanna and Diane Lombardo.
I would like to thank the law offices of Rajiv S. Khanna with getting 129f petition approved. Also with my case manager Ursula with explaining each step of the process and answering all of my questions. I would have been lost with all of that paperwork without their help.
My wife and I got our Green Cards through the Law Offices of Rajiv S Khanna. Every single employee who handled our files starting with the Labor Certification through the I-140 process and the I-485 application was a pleasure to work with and was extremely professional and helpful. I can definitely see why 'The Law Offices of Rajiv S Khanna' has such a great (and well deserved) reputation across the US.
The team at immigration.com is always very helpful and responsive . They guide you well on each step of the GC process. Thanks to you guys I got my green card this year in August 08.
Thanks for your team's excellent work in helping me get my EB2 Green card. I have always had quick and to the point answers to all my queries from you as well as Rita/Sheena. I especially wanted to mention the extra effort put in by your firm to have my case filed in time on July 2nd 07 as well as the time spent in reconciling my two different priority dates. I will definitely avail of your services in future whenever needed.
After having my case botched up by a local lawyer, I restarted the process by retaining the services of the Law Offices of Rajiv Khanna. With just about a year remaining on my 6-yr H1 period, the Law Offices was able to help me file an LC just in time to be eligible for n-th year H1 extensions. During the Aug 07 filing crush, despite an error on my part, Prerna displayed great patience in accepting my 485 packet only a week prior to the Aug 17 2007 deadline. The 485 was filed on Aug 15 2007 and I received the approval notice and the plastic card last week. I highly recommend this law firm - their professional treatment of clients (both petitioners and beneficiaries) and Rajiv's empathetic responses to questions on the ForClients website really makes life easier for those going through this process.
Hi Rajiv, Mathew and Prerna,
Thank you so much for your efforts and support during the entire green card process.
Previously, I had selected CP process for the final stage. Due to fiasco with PD date in last June, Rajivji called me personally and suggested me to go with 485 even though I had selected CP process. It was the perfect decision at that moment. It took me exact 1 year to get the consular interview. I received the interview letter in August and since my wife is pregnant it was impossible for us to fly to India.
And I received the good news in 1st week of Aug through 485 process that card production is ordered.
Special thanks to Mathew Chacko, Prerna for their excellent support.
Vijay was very thorough in his emails. He always gave plenty of reference documentation. thanks!