I have applied for 485 as the primary applicant and my wife is the secondary applicant. Right now both of us are on H1 visa. We had applied for EAD and AP and intend to apply for renewal soon as we near 120 days.
I am on my 7th year of H1 and my wife is on 2nd year of H1 and 3 year of (H1 and H4 combine). Her current H1 expires on April 2010.
I intend to remain on H1 itself and have no intentions of using my EAD.
Can you please clarify these questions.
Qo1. Would it be advisable for my wife(secondary applicant) to change to EAD in case she gets a better employment with another employer? This employer is not willing to transfer H1.
Ans. That should be fine.
Qo2. All that is required to work on EAD is fill in form I-9 and submit a copy of EAD with it. Does the employer have to do anything like notifying USCIS etc?
Ans2. The employer has to do nothing more than prepare the I-9 and keep updating it every time new EAD is issued.
My friend lost his job on Friday when he was working on EAD (this is not the employer who has applied for GC). His i-140 was approved last year in May. He is looking for new job which would take couple of weeks. I have following question for the situation:
Q1. Is there any limit or restriction for number of days without work between changing job?
Ans. No. I do not believe a few weeks should make a difference.
Q2. Will this impact his GC process?
Ans. Not as long as he is eligible for AC21 portability.
Can a PERM case be filed through a company that is owned or controlled by a relative of the beneficiary?
The answer is yes, BUT, the case is likely to be very closely scrutinized and may even require supervised recruitment. That means, USDOL will most likely ask us to place advertisements again under their direct supervision. So, we could end up repeating the advertising. This could cause delays (and of course even denial).
This question had come up a few weeks earlier also. I wanted to clarify this with the USDOL so we wrote to them. Our letter and their response is attached.
Qo. If an AOS (adjustment of status or I-485) applicant has already used up six years on H1 and is currently in 8th year of H1, what are his/her options if AOS gets denied before the 8th year on H1 expires?
Ans. A lot depends upon the grounds of denial and whether they are likely to be overturned on a Motion to Reopen/Reconsider. Do note, there is no appeal against a 485 denial.
In a huge relief for Indian techies spooked over reports of the Trump administration considering a proposal to prevent the extension of H-1B visas, the US Citizenship and Immigration Services said it “is not considering a regulatory change that would force H-1B visa holders to leave the United States” reports The Indian Express.
I am UK citizen and had withdrawn a bank loan when I was in UK, which I did not pay back. I am on bad credit in UK.
Currently I am working in USA for more than 2 years and my current employer in USA is ready to sponsor Green Card for me. My current USA employer does not know about my bad credit in UK.
My Question is: During background and security check for green card process, will this loan effect my GC? Does the GC background and security check process includes financial unpaid loans/bad credits in other countries as well?
Watch the Video on this FAQ: Does bad credit or private loans/litigation affect immigration?
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.
The USCIS London Field Office in the United Kingdom is moving to the new U.S. Embassy facility in the Nine Elms area of London. The last day that USCIS will provide services at Grosvenor Square facility will be January 10. Anyone who has an urgent request while the field office is closed should email USCIS.london@uscis.dhs.gov for assistance.
On January 10, 2018, the Department of State launched improvements to how we share information with U.S. travelers. These improvements will provide U.S. citizens with clear, timely, and reliable safety and security information worldwide. Under the new system, every country will have a Travel Advisory, providing levels of advice ranging from 1 to 4:
Discussion Topics, Thursday 11 January 2018:
FAQ: Submitting adjustment of status, form I-485, When the applicant is in between projects/not working || H-4 EAD rules change and H-1B extensions rules change || Change in job title after getting a green card approval || Transferring H-1B while an RFE is pending || How to find an accredited university to get Master’s degree to process an EB-2 green card. Other: Wage requirements under the H-1B LCA ||Converting back to H-1B from a compelling circumstances EAD ||Extending H-1B from outside the USA with an approved I-140 || RFE pending delay in an adjustment of status case || Applying for adjustment of status while in authorized period of stay||Status while an H-1B extension spending ||Questions about EB-5 green card through investment/investment visa ||H-1B quota exemption if approved within
I can only recommend working with Rajiv's law offices. Rajiv himself and his teammates (Kalpana in our case) have been professional, efficient, smart and reliable.
We started to work with Rajiv to apply for a cap H1B in March 2016. Our file was excellent and we have been selected. Our petition, to our and Rajiv's immense surprise, has been denied without any relevant arguments from the immigration agent. Rajiv gave us precious advices, he was confident that we would win with an appeal. Rajiv built our appeal file, and later our RFE answer. We contacted Rajiv and Kalpana many times in the process; they always came back to us promptly and proposed call appointments in the next 2-4 business days. They were very well organized and precise in their answers. Our appeal has been sustained.
I was finally able to get the H1B visa. I know Rajiv and Kalpana are a big part of our success. I am very grateful for their work.
On February 12, 2018, the Texas Service Center (TSC) will begin processing certain Form I-129, Petition for a Nonimmigrant Worker petitions for L nonimmigrant classification, also known as L visas. The TSC will share this workload with the California Service Center to balance workloads and to provide flexibility as USCIS works towards improving processing times and efficiency. The Vermont Service Center will no longer process any new Form I‑129 petitions requesting L nonimmigrant classification.
Jan. 13, 2018, Update: Due to a federal court order, USCIS has resumed accepting requests to renew a grant of deferred action under DACA. Until further notice, and unless otherwise provided in this guidance, the DACA policy will be operated on the terms in place before it was rescinded on Sept. 5, 2017.
Form Type | Case Type | Completed 0-180 Days | Quarterly Completions |
---|---|---|---|
Cumulative of all completions | 99.4% | 1,160 | |
I-129CW | CNMI-Only Nonimmigrant Transitional Worker | 100% | 1 |
I-129E | Treaty Trader or Investor | 100% | 4 |
In January 2017, the Administrative Appeals Office (AAO) modified how it presents processing time information. Previously, the AAO reported, by form type, the average completion time for the month’s cases. But certain scenarios (such as a month with few completions in certain categories) could result in an imprecise portrayal of processing times. The AAO will now provide, by form type, the total number of completions for the quarter and the percentage completed within 180 days, which is our goal.
While submitting application for 485, must the primary applicant be on a project? My husband is a consultant on H1B, the employer has filed for green card - should my husband in a project during the 485 submission; will a between projects situation be an issue for filing 485?
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.
Number 14
Volume X
Washington, D.C
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.
USCIS and the Department of Homeland Security (DHS), in consultation with the Department of State, have published the list of countries whose nationals are eligible to receive H-2A and H‑2B visas in 2018. The notice listing the eligible countries was published on Jan. 18, 2018, in the Federal Register.
U.S. Citizenship and Immigration Services (USCIS) announced today that current beneficiaries of Temporary Protected Status (TPS) under El Salvador’s designation who want to maintain their status through the effective termination date of Sept. 9, 2019, must re-register between Jan. 18, 2018, and March 19, 2018.
The current lapse in annual appropriated funding for the U.S. government does not affect USCIS’ fee-funded activities. Our offices will remain open, and all applicants should attend interviews and appointments as scheduled.
The current lapse in annual appropriated funding for the U.S. government does not affect USCIS’ fee-funded activities. USCIS offices will remain open, and all applicants should attend interviews and appointments as scheduled.
On Jan. 22, 2018, four USCIS field offices and one service center will participate in a 10-day pilot to issue redesigned citizenship and naturalization certificates to U.S. citizens. The pilot sites are:
Thanks for your service. Myself and my spouse I-485 approved after nearly 4 years. I really appreciate Rajiv, Mathew and Jitesh for your help during I-140 denial, prompt returning telephone calls and emails. Never had problem to contact Rajiv to clear doubts about I-140 denial. Thanks again to Jitesh and Mathew to set up conference call with Rajiv to answer my questions.