UPDATE: USCIS to Publish Revised Form I-539 and New Form I-539A on March 8
USCIS has revised Form I-539, Application to Extend/Change Nonimmigrant Status and will publish the revised form on the website on March 8, 2019.
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Premium Processing Begins for Certain Cap-Subject H-1B Petitions on May 20
On May 20, USCIS will begin premium processing for FY 2020 cap-subject H-1B petitioners requesting a change of status on their Form I-129, Petition for a Nonimmigrant Worker. Petitioners who do not file Form I-907, Request for Premium Processing Service, concurrently with an FY 2020 cap-subject H-1B petition reque
USCIS Launches H-1B Employer Data Hub
USCIS has launched an H-1B Employer Data Hub to provide information to the public on employers petitioning for H-1B workers.
Filing Employment Based Green Card While Living Outside USA
Question details
I am currently located in India and working as a Technical Architect in software MNC. I had a prior H1B valid from Feb 2008 till Dec 2014 which was sponsored by my previous company and has about 17 days left in it to complete a total of 6 years. After this I have joined a new firm, so wish to know if my current company or a new company can file for a Green Card while I am still in India. If yes , what is the way forward?
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 Reaches FY 2020 H-1B Regular Cap
USCIS has received a sufficient number of petitions projected as needed to reach the congressionally-mandated 65,000 H-1B visa regular cap for fiscal year 2020. USCIS will next determine if the center has received a sufficient number of petitions to meet the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap.
Approved
This forum has been very helpful, and motivational for me. I finally got approved after almost 3 yrs.
Green Card
USCIS Completes the H-1B Cap Random Selection Process for FY 2020 and Reaches the Advanced Degree Exemption Cap
On April 10, USCIS used a computer-generated random selection process to select enough H-1B petitions to meet the congressionally-mandated regular cap and the U.S. advanced degree exemption for fiscal year (FY) 2020. After completing the random selection process for the regular cap, USCIS also determined that it has received a number of petitions projected as sufficient to meet the 20,000 H-1B visa U.S.
Form I-9 Acceptable Documents - Reminder USCIS
Reminder For Employers: All List B documents must contain a photo of your new hire
USCIS Strengthens Guidance for Spousal Petitions Involving Minors
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced additional guidance (PDF, 222 KB) regarding the adjudication of spousal petitions involving minors, following up on the agency’s February update to its policy.
Visa Bulletin - May 2019
Agency
Green Card
Buy American and Hire American ACCOMPLISHMENTS
As part of USCIS's efforts to fulfill President Trump’s Buy American and Hire American Executive Order, USCIS has taken numerous actions to strengthen policies and regulations designed to protect U.S. workers and their wages, enhance fraud detection and prevention in employment-based visa programs, and increase the transparency of employment-based visa programs.
When to File Your Adjustment of Status Application for Family-Sponsored or Employment-Based Preference Visas: May 2019
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.
Update to Form I-601A - USCIS
USCIS recently updated the following form.
Arrival/Departure Forms: I-94 and I-94W
Foreign visitors to the U.S.
AAO Processing Times (October - December 2018)
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.
Agency
Immigration Law
Green Card through several categories
Question details
I got married last month ! My husband is a GC holder and next year is going to become Citizen , I have my GC (I-140- Approved) with a priority date of September 2019 on EB3 . What are my best options here ? Do I wait for him to become a citizen and then apply for my GC through his citizenship ? Or shall I apply GC now through his GC status, before he becomes a citizen ? Or shall I wait for mine ? Will my pending GC still be valid if I apply through my spouse ?
You should apply through as many green card categories as are available to you. The family-based green card can be upgraded once he becomes a US citizen. You will be able to get and keep the green card through whichever category comes through first.
FAQ Transcript
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com
Immigration QnA with Rajiv, Nov 18, 2021(conversation with Yudi on behalf of students&professionals)
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
Immigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
YouTube: http://www.youtube.com/immigrationdotcom
Rajiv in QnA with Students, H-1B Professionals (Hosted by Onboard), Nov 23, 2021
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
Immigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
Immigration QnA with Rajiv, Dec 2, 2021(conversation with Yudi on behalf of students&professionals)
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
Immigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
USCIS Extends Transitional Parole for CNMI Long-Term Resident Status Applicants
Release Date
USCIS announced today that it will automatically extend parole and employment authorization, if applicable, for parolees who timely applied for Commonwealth of the Northern Mariana Islands (CNMI) long-term resident status.
PERM Processing Times (as of 11/30/2021)
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | June 2021 |
| Audit Review | February 2021 |
| Reconsideration Request to the CO | June 2021 |
Agency
Green Card
Immigration Law
Dec 9, 2021 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)
Citizenship and Naturalization
Discussion Topics, Thursday, December 09, 2021:
FAQ: Working for two employers on W-2 using the GC-EAD || STEM extension denied based on approved H-1B pending for withdrawal at a USCIS service center || Correcting names on passports, visas, and other documents || Options to remain in status: F-1 visa expired, H-1B approved for consular processing, but not stamped.
Leaving employer while an I-140 is pending
Question details
I am in a situation where my current employer has filed PERM and as per the timelines there are high chances that it will be approved till January. And as per immigration team in the current company says it could take a week or two to file for I-140. I am going to pay for premium processing. But at the same time, I have accepted an offer from another company and the start date is 31st January. I am sure that I-140 would not get approved till then. Can I pay for premium processing, leave after they file the I-140 and before it gets approved? Will it go through?
PS: As per company's policies they don't revoke I-140 of the employees if they leave before 6 months.
Theoretically, an I-140 does not require you to be continued to be employed by the petitioning employer. You could leave after applying, but if there is an RFE, the employer would not be motivated to respond to it. As a practical matter, there is a second difficulty as well.
FAQ Transcript
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com
Extension of EAD for H-4 and EAD for L-2
Question details
I am on my H-1B and my wife is currently on her H-4. With the new bill does she still need to wait for my I-140 to be approved?
There is no new bill, just a policy clarification. And, yes, she will have to wait per the law.
FAQ Transcript
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com
Guestbook Entry for YOGESH , United States
Name
YOGESH
Country
United States
State
Michigan
you are looking for competent, aggressive lawyer, your search ends here. Do NOT hire ordinary lawyers that your company asks you to hire.
My wife & kids H4 was not renewed and were Out of Status due to company's fault and my ignorance and trust on the company. This happened in 2003. We hired a local lawyer, best in town, to handle my case in 2005, when I found out on my own that my dependant's H4 was not renewed. We applied at USCIS, but was rejected. We appealed in the Court, but was denied.
I contacted Rajiv Khanna and we applied in 2008, after more than 4 years in Out of Status. My H1 was renewed, along with H4 in 2 days!!!!! Can you believe it?
After 4 years of Mental tension and all the agony, we passed through, we felt so relieved.
We got our new I-94s attached for my wife and 2 kids. Great People, Nice Dedicated Staff, Intelligent Lawyers.
I would recommend him to anyone, no matter how big or small the case is, Do NOT look any further. I did all my research for all these years looking for good lawyer, don't spend any more time searching. If you are in trouble, take my advice, talk to him and he can definitely help you. I was told by other lawyers that there was no chance that I would be able to get them back on status. but Miracle happens and it happened to me. Lots of smart work at Rajiv's end. Thanks Rajiv and Good Luck to all.