The regulations enacted by the USCIS on 17 January 2017 have created a new class of employment authorization - "Compelling Circumstances EAD." This is available to those people whose I-140 is approved and priority dates are not yet current.
This is a compelling circumstances EAD approved in appx. 100 days in July 2017 based upon health grounds.See: http://www.immigration.com/sample-cases/%5Bcompelling-circumstances-ead…
As of June 29, 2017, we began implementing the Executive Order at our embassies and consulates abroad in compliance with the Supreme Court’s decision and in accordance with the Presidential Memorandum issued on June 14, 2017. Our implementation is in full compliance with the Supreme Court’s decision.
USCIS recently updated the following form(s):
PERM Processing Times (as of 6/30/2017)
HOUSTON — U.S. Customs and Border Protection announced today the deployment of facial recognition biometric exit technology to William P. Hobby International Airport (HOU) in Houston for select flights from HOU. The deployment builds upon a June 2016 pilot at Hartsfield-Jackson Atlanta International Airport using facial recognition.
I have received inquiries on this type of email floating around. This is fraudulent. US govt. does NOT issue green cards based upon random email lottery. Please circulate this to all concerned.
--------------------------email---------------
U.S. Department of State
Bureau of Consular Affairs, National Visa Center
32 Rochester Ave. Portsmouth NH 03801-2909
Attention: Winner.
Our community member spring09 says:
Hi Rajiv,
Thanks in advance. I have an question and keeping me up during nights.
I am working on H1 with comp A, who has filed for my I-140 in Feb-08.
And I also have an Approved I-140 ( Jul'07), have filed for I-485 and also have EAD from company B. I have never used my EAD from comp B, nor have I worked for comp B.
Could there be any issues, which I should be prepared for? As I know it is legal to file for more than one I-140.
Thanks again.
As to possible issues, I can probably write a book. Generally speaking, you can have as many I-140's as you like as long each is motivated by a genuine desire to accept a job before or upon approval of the green card. As to your specific situation, consult your lawyers if they feel there is any problem. I hope this helps you sleep better.
I have just been accepted into a residency program here at a university. I am currently working in the same department as a clinical research associate on H1B since april 2006, they have applied for my permanent residency in EB-2 for the same position and I am on 7th year H1B valid till nov 2009. My I-140 is in process and I have responded to RFE on oct 16th and have not got any reply so far. Priority date is oct 2007. The residency starts in july
I think I can continue on H1B till my I-140 is pending and since my green card process is in the same department they have assured me that they will not withdraw my I-140 and that I’ll come back and work in the position of research associate after my residency(4years). Please let me know if this is legally possible as they have the intent to hire and I have the intent to join them when green card is approved.
Ans. Yes. As long as the employer has the intention of keeping the job open for you and you have the intention to join them, the green card process can continue.
Quote: If by any chance they say that I can do it, does it involve just an amendment to my H1b or will it be a fresh H1b? My job responsibilities will change and $8000 change in salary only.( from Research Associate to resident). If yes, can I join residency before the amendment is approved? I heard that INS should receive the petition before the join date and I am fine.
Considering that the economy is not doing that good and sometimes projects get over and consultants go on "bench" without any clients kinda situation, this is something not that uncommon. Related to this, as being on a H1B requires me to maintain the LCA salary as mentioned on my W2, would switching to EAD with my sponsoring employer help with getting away from this restriction?
Does that also mean that if I don't get paid by my employer for a certain period and I am on an EAD, there is no issue with my GC/status at all as there is no H1B.
Just trying to find out what the possible advantages would be at this time with EAD.
There are two situations to analyze here: being benched and getting paid a lower salary. Both of them have problematic implications for employers and employees.
Here is what concerns me. As far as I know, it has never been done so far, but the possible consequences of being benched are that the I-485 can be denied and (POSSIBLY, but there are strong arguments against it) I-140 could be revoked if already approved. If I-140 is not approved, USCIS could easily deny the I-140.
Here is a question from our clients-only extranet - forclients.com. I think this question is relevant for a lot of people.
Quote: I am currently on H1b status valid till may-2011 and have a valid EAD card, My I-485 is pending for over 180 days. My company has cut my position and may revoke my H1b. If I transfer my H1b to another company and then work on EAD. Will my H1b remain in the dormant status?
Ans. Yes.
Quote: If yes, can i switch back to my H1b if i wish to? and what would be the process?( go out of country to get stamped?)
Number 8
Volume IX
Washington, D.C.
DOJ flyers for employers and employees on Form I-9 document issues for persons covered by Temporary Protected Status (TPS) or Deferred Enforced Departure (DED).
For Immediate Release
Office of the Press Secretary
Contact: 202-282-8010
Department of Homeland Security (DHS) Secretary Janet Napolitano today launched the “Blue Campaign”—a DHS-wide initiative to combat human trafficking through enhanced public awareness, victim assistance programs, and law enforcement training and initiatives.
I want to apply for a K 1 visa for my fiance and her 10 year old child. What is the waiting period for this visa type, and what can I do to expedite the process.
The processing times can be determined from this page http://www.immigration.com/processing-times-and-status-checks. As to expedite, check with USCIS customer service if they have any recommendations.
I have completed my Bachelor's Degree in Computer Science Engineering (4yrs) and working as a Subject Matter Expert in US on L1B visa with a work experience of 4yrs. I have completed 2 Microsoft certifications and AICPCU certifications. Will I be eligible for processing Green card on EB-2 category ?
You will need 5 years of post-bachelor's experience. Certifications do not usually help.
I am an OT practicing here in the US and came from another country. I graduated with BSOT and had an OT VOLUNTEER work for 2 years in an adult setting back home. Would that count as a part of the 5 years experience? And from that 2 years, I was not yet licensed OT for the first 6months.
GENERALLY speaking, for EB-2, there is no requirement that I know of mandating paid experience. Volunteer experience could potentially be used.
I recently switched jobs and had my H1-B transferred from Company A to Company B. I have all the H1-B sponsorship documents in place from Company B.
I am married and my wife is on H4 visa. My wife is currently in India and she has a valid visa and I-94 based on my Company A H1. My wife’s visa and I-94 are valid thru Sept. 30, 2010.
My question is, although I have the all the approved papers for my wife’s new H4 visa based on Company B, instead of having her go for a re-stamping can she fly back on her old but valid visa and I-94?
The Department has posted new Frequently Asked Questions (FAQs) addressing filing and documentation requirements in response to questions received from the regulated community. To view the PERM Round 11 FAQs, please check attachent.
This final rule amends the Department of State's regulations related to the application for an immigrant visa and alien registration, to offer a completely electronic application procedure as an alternative to submission of Form DS-230, the Application for
Immigrant Visa and Alien Registration.
This rule is effective August 3, 2010.
I have come to US through my company with my L1 Visa. I am currently working with my client. There is an agreement between my company and my client not to hire my company employees within 6 months after quitting. I cannot move to any other company here in US as i am on L1. My company is not willing to file H1 either. If I have to move to a different company I should have a H1 Visa filed.
Recently my client offered me to join their company, but I don't have my H1 and i cannot join my client company even if i get my H1 because of the 6 months restriction. What are the different options to join my client.
This seems to be an issue of contract only. Immigration law does not stop you from changing.
Thanks for Rajiv Khanna and his team for helping me in getting my Green card. We received our Green card last week after we opened Service Request. Thanks for helping all these days in getting EAD/AP without any trouble and much appreciate your kind responses. Thanks Prerna Mehta for your help all these days. Parthi