The annual limit in the EB-2 category for India and China has reached. This has been confirmed by the State Department. A notification sent to USCIS on April 11, 2012 states that no further visas for the above mentioned categories will be authorized. On the basis of cut-off dates published in the April and May Visa Bulletins USCIS will continue to accept adjustment applications.
[Federal Register Volume 77, Number 78 (Monday, April 23, 2012)]
[Rules and Regulations]
[Pages 24137-24138]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-9612]
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DEPARTMENT OF LABOR
Employment and Training Administration
20 CFR Part 655
RIN 1205-AB58
Hello, everyone. This is Rajiv S. Khanna for immigration.com, the Law Offices of Rajiv S. Khanna, P.C.
I am very pleased to report this morning that I saw a news report from USCIS Nebraska Service Center teleconference on April 12, 2012, that clarified you can carry forward the Priority Date from one I-140 approval to another 1-140 approval for another employer, even if the old employer revokes the I-140. USCIS has flip-flopped on this issue several times.
Let me first bring you to the news. Right here it says. If you look at the question number two. The answer is, both centers adhere to retaining the earlier priority date, unless the I-140 was revoked for fraud or willful misrepresentation. So the idea here is this: even if you go from Employer A to Employer B, and Employer A revokes the I-140 approval, the Priority Date is yours to carry forward to any employer you like--B,C,D,E--unless the employer A’s I- 140 was revoked for fraud or misrepresentation.
The history of this interpretation is strange. A few years ago, this was the position. USCIS always said you can carry the Priority Date forward. A couple of years ago, they started saying, “No, you cannot.” We had several cases in which they raised this issue, so anybody who has had this issue decided against them can actually go back and file a motion to reopen/reconsider. I advise you to think about this very carefully. You could actually go back and ask USCIS for the Priority Date to be carried forward if they had earlier denied it. There’s a whole lot of people who went through this. File a motion to reconsider. Then USCIS started saying, “Well, you cannot do it.”
Now they are back to their old, very good interpretation, which is in line with Congressional intention for AC-21, where Congress wanted to create room for people to leave their jobs and move on to other jobs because Green Cards were taking so long. So Congress said, “We’ll put in AC-21.” That will make it easier for employees to change jobs without losing their Green Card benefits.
This is excellent news, folks. Once again, I am summarizing it for you. You can carry your Priority Date forward, even if the old I-140 is revoked, unless the I-140 is revoked for some fraud or some willful misinterpretation.
One more thing I wanted to add. This is not good for H-1. Don’t think that if the I-140 is revoked, you can still use it for H-1 extensions. You cannot. If you want H-1 extensions beyond six years, you’ve got to have something else going. You cannot rely on the revoked I-140.
That’s all I have to say on this issue. I will speak with you folks soon.
Thank you for listening.
H-1B, H-1B1, E-3 Helpful Resources:
The Department has posted a contact list for the H-1B, H-1B1 and E-3 Programs to assist employers with their applications. To view or download a PDF copy of the Helpful Resources for the H-1B, H-1B1 and E-3 Programs, please click the attachment below.
USCIS Reminds the Public to Avoid Scams and Unauthorized Practitioners of Immigration Law
The processing times has been updated for PERM and NPWC. Please check the links below.
This chart shows the average amount of time it takes to receive a decision in a particular type of case after the case file is received by the AAO. Processing times are directly related to the volume of cases received.
Customs and Border Protection launched a new webpage on May 1 that offers nonimmigrant U.S. visitors access to their I-94 arrival/departure record and their arrival/departure history.
The Department of Homeland Security (DHS) is extending the re-registration deadline from May 2, 2014 to July 22, 2014 for Haitian nationals who have already been granted Temporary Protected Status (TPS) and seek to maintain that status for an additional 18 months.
USCIS strongly encourages Haitian TPS beneficiaries to apply as soon as possible.
I am currently on second year of my H-1B. My PERM is approved with a priority date of March 2013; I-140 is filed and pending approval. I am hoping this would be approved in July 2014. My question is I am planning to switch employer. Can I carry over my priority date with new employer? If so, are there any conditions like minimum period to wait after I-140 is approved to carry over the Priority dates to new employer?
The priority date is yours the mom
How can a artist get a green card?
Basically two ways: through a job offer in your field OR through your own qualifications, but only if you are nationally or internationally famous.
DOS releases chart on Immigrant and Nonimmigrant Visa Ineligibilities. Please find the attached chart below.
On February 4, 2014, USCIS published a revised Form N-400 (Rev. 9/13/13), Application for Naturalization. When you fill out your Form N-400, you must complete every section and answer every question as completely as you can.
If you are immigrating to the United States, and you will be admitted as a lawful permanent resident, you must pay a $165 USCIS Immigrant Fee. You must pay this fee online using the USCIS Electronic Immigration System (USCIS ELIS). We strongly encourage you to pay this fee after you receive your immigrant visa packet from the U.S.
On April 1, U.S. Citizenship and Immigration Services (USCIS) began accepting applications for the Fiscal Year (FY) 2014 Citizenship and Integration Grant Program, a competitive grant opportunity for public or non-profit organizations which promotes immigrant civic integration and prepares permanent residents for citizenship. Applications are due by 11:59 p.m. EDT on May 16, 2014.
The Employment-Based I-485 Inventory pending at the Service Centers and Field Offices has been updated as of 4/1/ 2014.
I wish to thank Rajiv Ji and other members of his team for brilliantly handling my F1 visa reinstatment case, which I lost due to Tri Valley fraud. Rajiv Ji stepped in as an angel in the toughest times in my life and painstakingly prepared and filed the I 539 application. He is very kind and went a step ahead and as a true samaritan, he filed it pro bono. I am very very grateful to him and his highly qualified and thoroughly professional staff for the timely help, guidance and the success, which I owe to immigration.com.