USCIS has received enough petitions to reach the additional maximum 30,000 visas made available for returning workers under the H-2B numerical limit (also called a cap) for fiscal year (FY) 2019.
“For employees who are coming from outside the US, premium processing will offer a great deal of comfort in knowing where a case stands. If the application is denied, which is quite common these days, there will be enough time to appeal or litigate it before the October 1, start date,” Rajiv S. Khanna, Managing Attorney at Immigration.com told TOI.
For more on this news please read the attached file.
On May 31, 2019, The Department of State updated its immigrant and nonimmigrant visa application forms to request additional information, including social media identifiers, from most U.S. visa applicants worldwide.
Certain New Zealand nationals can now request a change of status to the E-1 nonimmigrant trader classification and the E-2 nonimmigrant investor classification under Public Law 115-226.
Beginning July 1, USCIS will no longer accept Form I-407, Record of Abandonment of Lawful Permanent Resident Status at international field offices by mail or in person.
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Rajiv S Khanna, Managing Attorney at Immigraiton.com told TOI: “Changes like imposing per country limits on H-1B visas will most likely require a legislative mandate, which can only be secured through amendment of laws passed by both Houses of the Congress (US Parliament). It is highly unlikely that a provision like this will make it through the Democrat-controlled House of Representatives. Neither visa extensions nor new H-1B visas can be affected in such a profound manner through an executive order or action without legislative mandate.
Discussion Topics, Thursday, 20 June 2019:
FAQ: Impact on current H-1B if another H-1B is denied ||H-1B joining another employer while a transfer, extension or amendment is pending|| When does one become H-1B cap exempt - change of status/visa stamp? ||What to do when past immigration problems are causing a current visa denial? || Downgrading from EB-2 to EB-3 || Can priority dates be transferred between husband and wife? || Applying for green card while on student (F-1) visa.
Other: Transferring EB priority dates || I-485 delay || EB-5 travel || B-2 visa extension || Consequences of H-1B extension denial || EB-1C eligibility || Multiple H-1B transfers simultaneously || Travel on AC21 Advance Parole, etc.
Situation:
Resigned company A already and Got offer from employer B and applied H1B transfer(premium processing) but received RFE. But I have another offer from Employer C as well who is yet to file my h1b transfer
Question:<br>
1. If RFE is denied for employer B Can i join employer C with the receipt notice as Employer C has started H1B transfer by that time ?<br>
2. How long one can stay in US without job/payroll having H1B ?
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.
WASHINGTON— USCIS is announcing the expansion of its digital Freedom of Information Act (FOIA) Immigration Records System (FIRST). FIRST is the only system in the U.S. government that allows users to submit and track FOIA requests and receive documents digitally. This process will save time, improve efficiency, and reduce potential errors that can occur with manually handling paper.
USCIS announced today it will automatically extend parole, and employment authorization if applicable, for certain residents of the Commonwealth of the Northern Mariana Islands (CNMI).
Form I-864, Affidavit of Support under Section 213A of the INA, is a contract an individual signs agreeing to use their financial resources to support the intending immigrant named on the affidavit. The individual who signs the affidavit of support becomes the sponsor once the intending immigrant becomes a lawful permanent resident. The sponsor is usually the petitioner who filed an immigrant petition on behalf of the intending immigrant.
My father is on an H1 b visa and his employer has filled for his green card Me and my Family are on H 4 but i am about to be 21 and thus my h4 visa cannot be renewed.I-140 of all the members of the family has been cleared but we cannot yet file I 485 as the priority date is not near. Do I have to convert my visa status into F 1 so that i can live and study here? Is there anyway that i can file for my green card as when i filled my papers i was not 21 and it is because the file is pending i cant put forth my 485 papers. Is there any chance that under special cases like mine we can get my papers filled as I am about to transfer to a University and it is very hard for me to afford to pay the fees as an International student when my papers are so close to green card.
I do not see any way around filing an F-1.
Form I-90
Green Card was lost. Instead of checking Part 2, 2a, I checked Part 2, 2f. Submitted online and paid with credit card.
The instructions state the following: "If it is necessary t o change any information on your submitted I-90 application, please bring evidence to support the change with you to your biometrics appointment. DO NOT send written correspondence regarding changes to the address below."
At the biometrics appointment, can the interested party state the above mistake and solve this situation? Or will the USCIS denie the application? And another filing fee will have to be paid?
I am a licenced physical therapist in Michigan and working on my OPT. Is it true that PTs and nurses are exempted from the labor certification during green card process? and they do not need to file labor certification?
And considering the current scenario, can you please let me know approximately how much time does it take for a physical therapist to get a green card?
PT's and RN's are both exempt from filing labor cert, but the time for their green card processing is still tied to the time it takes for people from the country of their birth. An India-born PT will wait the same time in EB-3 category as any other India-born EB-3 applicant.
Is it possible to start GC process during my first year medical residency if my hospital agrees. Have you dealt with cases like this.
The essence of a green card application is that it is meant to be for a job in the future.
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1. If an employee is on a H1 they cannot have a 10% pay cut unless their H1 was amended and refiled.
What if an employer is indicted on multiple counts and he is cleared of all other charges but he pleads to a conspiracy charge with home detention for a few months as his punishment. How does this effect pending cases at his business?
That depends upon whether or not the conspiracy was in fact in relation to the pending cases. For example, if the fraud/conspiracy involved non-payment of H-1 employees, that should have no affect on pending green card cases.
In a recent meeting, USDOL has stated:
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Thanks in advance for your help. My current situation is this :
1. Applied for I140 and received RFE
2. RFE requires Employer's 2007 tax document and my recent W2
3. There is a salary difference in W2 and Labor ( salary < Labor = 7000 USD) and the company was in loss for the fiscal year 2008.
4. This is my 6th year in H1 B and it expires in October,2009
My questions are:
1. Can I transfer my H1 B to another Employer at this situation and apply for my new Labor?
2. If Labor is approved, can I file my I140 premium and apply for 7th year extension?
3. How long will it take to cancel the current I140?
Please help me out regarding this situation.
Thanks and awaiting for your valuable suggestions.
You can get an H-1 extension when your I-140 or an appeal against the denial of an I-140 is pending. So you can have the employer file an appeal against the 140 denial and change employers. The appeal of employer A, will get you H-1 extensions for employer B. This could be easily good for 1-2 years of H-1 extensions. Start the green card again with B.
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If we apply for a H1b extension for another year ( I believe we can apply 6 months before the expiry of the current 7th year H1b ) and if its approved, does that mean that I can still work till Nov 2010 even if the I -140 gets rejected before the extension comes into effect?
Ans. Yes. You are safe. Under current practice, CIS does not take away extensions already given.
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