Nebraska Service Center Pre Adjudication I-485 AOS
NSC has reported that they are trying to pre-adjudicate cases so when the priority dates become current, an approval notice is sent immediately.
NSC has reported that they are trying to pre-adjudicate cases so when the priority dates become current, an approval notice is sent immediately.
I am on H1B. If applied for GC through Family Based 4 category (brother/sister) can I apply for extension of my stay after my 6 yrs H1 period once the I-130 approved? Or this extension request is applicable only on Employment Based processing after Labor clearance?
You cannot. This extension is available only to employment-based applicants.
I-140 backlog
USCIS has recently updated the number of petitions they have pending. The backlog for I-140 was 40,000 in October and now it is down to 10, 000.
I-485
USCIS has indicated that the EB-485 team at the NSC center is pre-adjudicating cases and will be ready to approve cases as soon as the priority date becomes current.
Filing an appeal
USCIS states that as of May 22, 2009 it has received approximately 45,700 H-1B cap-subject cases. So, the cap is still not reached. Also, USCIS has received approximately 20,000 petitions qualifying for the advanced degree cap exemption. USCIS will continue to accept both cap-subject petitions and advanced degree petitions.
My previous employer didn't pay me for 7 continuous months in 2006, Current employer is going to file I-140 and I-485 based on my EB2 PERM. I have all W2 and Pay stubs except that period. will that going to affect my GC application ? Please let me know what are the possible consequences of that. I didn't know about that 180 days rule.
Pursuant to section 245k of INA, an employment-based applicant and their family can file for an AOS (I-485) if they have been out of status or have worked without authorization for less than 180 days. The protection period is counted since the date of your most recent entry into USA. So if before filing I-485, you leave USA and reenter, you should have no issues. There are other ways to fix this also, but this is the most direct.
See attached USCIS Neufield Memo of 14 July 2008.
Family members of the H-1B foreign worker are admitted to the United States in the H-4 category. Qualifying family members include only the spouse and unmarried children under 21 years old. H-4 dependents are admitted for the same period of time for which the H-1B foreign worker is admitted. H-4 dependents may alternatively be admitted in other nonimmigrant categories for which they qualify. H-4 dependents may undertake studies while remaining in the H-4 category, however, they may not engage in any form of employment.
My sister's F4 application was approved 1997 and she is due to go for her interview any day. My question is - I was recently made aware that although at the time the application was made and approved her 2 kids were under 21, but now 12yrs later they are both over 21. What is the next step to take. I was told she has to petion them onece she is in US and the priority date will be from 1997. Is that true? How does that work?
Ans. Please check the link for Child Status Protection Act (CSPA).
Contact the consulate for their assessment.
I filed I-130 for my parents in April 09 which is still pending. They have 5 years multiple visa and they been here 4-5 times already. Is it ok for them to visit for a month again while their I-130 is still in pending status?
The answer is it is unlikely, but not impossible, that they will be permitted entry if CBP finds out about the I-130. If it were my own parents, I would probably not take the chance.
I filed I-130 for my mother at beginning of April. Now I want to file I-485 as part of the concurrent filing. Can I just file I-485 and attach a copy of I-130 notice? Please advise what I should do. Thank you
I think you can and there should not be any problem. As to where to file, call USCIS customer service. 1 (800) 375-5283.
Divorced from my husband and need to file for removal of conditions (status: permanent resident), i.e. to apply for a waiver of the requirement to file a joint petition due to termination of marriage. How do I proceed? What documents do I need to file for removal of conditions based on the situation I am in.
You will need the waiver as you have said. Read the instructions on Form I-751. What you will be required to prove is that the marriage, when entered into, was in good faith and not to get a green card.
The CIS Ombudsman upcoming teleconference titled "USCIS Change of Address: How Is It Working For You?" scheduled for May 26, 2009, 2-3 p.m. EDT.
<span style="font-size:9.0pt;font-family:"Arial","sans-serif";
CIS Ombudsman released a recommendation on "Improving the Filing and Review Process for Motions to Reopen or Reconsider."
1. I have been on H-4 for almost 3 yrs now, and starting my MS in Spring 09 (on H4 status itself). But now I want to change to F-1 for personal reasons. I have the following doubts. request your clarification:
If I want to get my F-1 stamped from India, do I need to submit I-539 form also to the ISO of my school ?
2. How long should I be on F-1 before when I will be eligible to apply for OPT and work using the same?
3. If I want to start working as a grad assistant from Fall 09 semester, do I have enough time to apply for a change of Status through USCIS, CA ? Will I get an approved F-1 by then ?
1. No. An I-539 is used if you want to change status within USA.
2. You need to check with your school about CPT. The requirements for OPT as I recall are two full semesters on F-1.
3. No one can predict that. Sorry.
WASHINGTON - On April 2, 2012, USCIS will issue Form I-797C, Notice of Action, with a new look and feel. We will print the Form I-797C on plain bond paper. This change is estimated to save the agency about $1.1 million per year.
Proposal would reduce time that U.S. citizens are separated from immediate relatives
Introduction
The following Q and As explain the proposed provisional unlawful presence waiver process.
Background
The Secretary of Homeland Security is authorized to grant Temporary Protected Status (TPS) to eligible nationals of designated countries. Countries may be designated that are suffering the effects of an ongoing armed conflict, environmental disaster, or extraordinary and temporary conditions within a country.
TPS beneficiaries may remain in the United States and obtain work authorization during the period for which a country is designated under the TPS program.
OFLC is pleased to present the fourth in a series of Permanent Labor Certification Program-Selected Statistics.
This Fact Sheet presents statistics regarding Permanent Labor Certification program applications submitted during FY 2012.
Check the attachment to view Permanent Labor Certification Program-Selected Statistics.
We contacted Rajiv Khanna for advice. His whole team seemed very professional. He went through our resume free of charge to suggest if we had a case; provided us with his opinion in a very honest way. Just the week before, I tried to talk with a different immigration attorney over phone, and the first dialogue I received was, "I work for money...I can't talk to you for free..". In that regard, the response I received from Rajiv Khanna's office was pleasantly opposite! I'll refer him to any of my friend who seeks for an immigration attorney.
These Questions & Answers address the automatic extension of F-1 student status in the United States for certain students with pending or approved H-1B petitions (indicating a request for change of status from F-1 to H-1B) for an employment start date of October 1, 2012 under the Fiscal Year (FY) 2013 H-1B cap.
Q1. What is “Cap-Gap”?
[Federal Register Volume 77, Number 64 (Tuesday, April 3, 2012)]
[Notices]
[Page 20046]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: C1-2012-7498]
[[Page 20046]]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2522-12; DHS Docket No. USCIS 2012-0007]
RIN 1615-ZB12
Rajiv and his team has handled my case on both H1b and GC so far and they have been fantastic. A thouroughly professional team with a systematic approach towards each individual case. Nice work!
I have taken immigration services from Rajiv S. Khanna and his team for H1 extension and GC processing. Their service is excellent and timely. Thanks a lot Rajiv and your team for all efforts in making me Green. I will truly recommend them to my friends.
We are in IT business from last 12 years and we are impressed by the service we have received from Mr. Khanna and his associates. I strongly recommend Mr. Khanna as he understands the matter and gives you the right advice. I have high regard for his knowledge. Thanks, Wajahat Qureshi President TS Techno Service Inc.