USCIS and CBP Extend Form I-129 Pilot Program for Canadian L-1 Nonimmigrants
U.S. Citizenship and Immigration Services and the U.S.
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Nov 8, 2018, Recording of Free Community Conference Call (Every Other Thursday)
Immigration.com
Citizenship and Naturalization
Nonimmigrant Visas
Substantial transcription for video
FAQ's
Impact of unlawful presence || Unlawful presence for minors ||How can I downgrade from EB2 to EB3 and the consequences || Traveling abroad while H4 EAD is pending || Filing change of address || Starting business while on student visa || Being without a job on AC21 || Citizenship for employees of consulting companies who have projects in different cities after green card || The new restriction on 12 months of CPT OPT combined – – consequences of H-1B denial on OPT || Not worked for green card sponsoring company – – fraud implication for naturalization/citizenship ||
Other
Applying for a visa || Details of applying for a spouse based green card || Cancellation of visa at the airport || Applying for H1 visa || Quitting green card job after getting green card || quarter exemption scratch that H-1B quota exemption || CSPA || Applying for H4 visa while H one extension is still pending
Visa Bulletin - December 2018
Number 24
Volume X
Washington, D.C
Agency
Green Card
Immigration Law
Impact of Unlawful Presence
Question details
I am a LPR for 1 year. I married my wife 10 month ago. She came here on a J1 visa that expired 12 years ago and she is out of status. She never filed anything with USCIS except the I-130 9 month ago. The new policy implemented on Aug 9, 2018 for the F,J,M students and accrual of unlawful presence says that she will accumulate unlawful presence starting Aug 9, 2018. If she leaves US after February 5, 2019 she will be subject to 3/10 year bar. She plans to leave shortly before that and wait for her priority date to be current in 1.5 years hopefully. Do you think she can have any problems at the consulate interview if she was out of status for 12 years, and she accumulates close to 180 days of unlawful presence?
Watch the Video on this FAQ: Impact of unlawful presence
Video Transcript:
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.
Unlawful Presence for Minors
Question details
My son’s I-94 and visa are expired in June. We have applied for I-539 for extension in October. Will he be granted the extension.
Watch the Video on this FAQ: Unlawful presence for minors
Video Transcript
For a child under the age of 18 until they hit 18 there is no unlawful presence. They are only out of status. More...
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.
When to File Your Adjustment of Status Application for Family-Sponsored or Employment-Based Preference Visas: December 2018
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.
How Can I Downgrade from EB-2 to EB-3 and Consequences
Question details
I have I-140 approved in EB2, priority date is 2010. When date become current for EB3, I want to downgrade from EB2 to EB3 (I know I have to only refile I-140 and I-485 concurrent). What will happen if USCIS denied newly filed I-140 (EB3)? can I-485 also denied? If newly filed I-140 (EB3) denied, can I used my previously approved I-140 (EB2)?
Watch the Video on this FAQ: How can I downgrade from EB2 to EB3 and the consequences
Video Transcript
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.
Traveling Abroad While H-4 EAD is Pending
Question details
I changed my job from company A to Company B. H1,H4,H4 EAD is approved for company A. I moved to company B and my H1 change of employer is approved. While H4 is pending with company B. Can my wife travel to India and apply for H4 visa stamping in India?
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.
Filing Change of Address
Question details
I would like to know whether I should update my residential address to USCIS or immigration department in order to keep them informed of my updated address?? Since I'm the beneficiary and my wife is GC holder, she has applied for my I-130 of family based Green card when I was in New York and now I've moved to South Carolina, are we suppose to inform immigration department? If Yes who should inform them, can I give a permanent Mailing address different from my residential address since I may be working on short-term contracts.
Watch the Video on this FAQ: Filing change of address
Video Transcript
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 Policy Guidance on NTA
On Nov. 15, the Public Engagement Division (PED) held a stakeholder teleconference to discuss the USCIS Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens policy memorandum (PM) that was issued on June 28. USCIS representatives provided an overview of the memorandum, shared an update on the continued implementation of the PM, and addressed many questions submitted in advance.
Starting Business While on Student Visa
Question details
I am from India, and I am currently doing my masters in the U.S. My goal is to build my startup as I m doing my masters. Therefore, before coming to the U.S, I have incorporated a C Corp in Delaware with me and my brother as the owners. I don't want to violate my F1 status, therefore, even though I have incorporated the C Corp, We are not actively doing any work since I am not sure working on my startup in University will violate my status. I have tried getting in touch with International student services but I have not gotten a clear response on how I can run my startup as an international student while being on F1.
Watch the Video on this FAQ: Starting business while on student visa
Video Transcript
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.
Being Without a Job on AC21
Question details
I would like to know is it ok to not be on a job for few months when a person is on AC21 and working on EAD (485 filed) status. Does it raise any issues down the line like getting green card or USC.
Watch the Video on this FAQ: Being without a job on AC21
Video Transcript:
Having a gap in your employment while you are still qualifying for AC21 is not a problem. More...
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.
Recording of Free Community Conference Call (Every Other Thursday) , November 29, 2018
Immigration.com
Green Card
Substantial transcription for video
Discussion Topics, Thursday, 29 November 2018:
FAQ: Effect of L-1A denial on approved EB-1C I-140 || Transfer of priority date on an I-140 -- process || Period of maximum stay allowed for tourist visa entrants || Continuing employment-based green card while moving outside the USA || Starting business on I-485 EAD|| Status expiring during the pendency of an H-1B extension || EB-2 approved applying for EB-3 || I-94 expired -- Unlawful Presence
Other: Travel during H-4 EAD || I-140 denial effect on concurrently filed I-485 || EB2 with a three-year bachelor’s degree || Green card for child born in Canada || H-1 transfer || 3 year H-1B extension || Four year delay in naturalization || Errors in H-1B approval || Fiance visa || Revocation of green card because of the company merger
USCIS Clarifies the L-1 One-Year Foreign Employment Requirement
USCIS has published a policy memorandum (PDF, 121 KB) (PM) clarifying the requirement that a qualifying organization employ a principal L-1 beneficiary abroad for one continuous year out of the three years before the time of petition filing (“one-year
Processing Times and Status Checks
Processing Times for immigration matters vary widely. The U.S. United States Citizenship and Immigration Services (USCIS), the U.S. Department of Labor, and the U.S.
Immigration Law
Obtaining H-1 Extension beyond 6 years
Question details
My 6 year period of H1b visa expires in Dec 2010 and my labor application is still pending for approval. It was filed in February 2009. Am I eligible to apply for a visa extension , if so when should I apply for that? I assume I still have time.
H-1 extension beyond six years can be obtained under two circumstances:
First, indefinite H-1 extensions in one-year increments can be obtained, if the I-140 (or I-485) was filed and the green card process was started a year ago. The GC process is started for:
- Labor Certification based cases (including PERM) the date for the begining of the countdown is the date when the labor certification is officially received:
- for PRE PERM cases - by the local office (SWA); and
USCIS Memo on Improving the Filing and Review Process for Motions to Reopen or Reconsider
A USCIS memo to CIS Ombudsman responding to his recommendation states that USCIS establish more uniform filing and review procedures for motions to reopen and reconsider among field offices and service centers as well as improve communication of those procedures to customers and stakeholders.
USCIS Issues Guidance for Surviving Spouses of U.S. Citizens
U.S. Citizenship and Immigration Services (USCIS) issued guidance on requesting deferred action for surviving spouses of U.S. citizens who died before the second anniversary of their marriage. Surviving spouses qualify for this temporary program if they were married to, but not legally separated from, their U.S. citizen spouse at the time of that spouse's death; did not remarry; and are currently residing in the United States.
Clarification Regarding H-2B Petitions Filed by Certain Associations on Behalf of Their Members
United States Citizenship and Immigration Services (USCIS) would like to clarify to associations and their members certain regulatory requirements for filing petitions for H-2B classification on behalf of foreign workers. We are issuing this clarification so that the public can be better informed of filing requirements and avoid unnecessary denials of individual petitions that may be otherwise approvable. We have noticed a particular type of filing error in many H-2B petitions filed by certain associations on behalf of their members.
F-1 COS RFE; No ties with home country; 6 Years of H-1 over
Last week we received an approval for a difficult change of status RFE. We were retained to respond to an RFE for a client who had no ties to his home country (India). Six years of his H-1 were over and he was trying to get into F-1 status. He had been working and studying in Europe before coming to USA on H-1. We presented the facts of our client's background with complete honesty and sincerity. No games (which is the way all our cases are presented). I am glad to report that as has always been my belief, truthful presentation works.
Team Notes
Rohit
Nonimmigrant Visas
Federal Contractors Required to Use E-Verify Beginning Sept. 8, 2009
U.S. Citizenship and Immigration Services (USCIS) is reminding federal contractors and subcontractors that effective Sept. 8, 2009, they will be required to use the E-Verify system to verify their employees’ eligibility to work in the United States. In July, Department of Homeland Security (DHS) Secretary Janet Napolitano strengthened employment eligibility verification by announcing the Administration’s support for the regulation that will award federal contracts only to employers who use E-Verify to check employee work authorization.
USCIS Continues Accepting I-693 Form In Spite of 08/31/09 Expiration Date
USCIS will accept the I-693 medical exam form with the 06/05/08 revision date, in spite of the 08/31/09 expiration date. This will continue till OMB approves the revised form.
Guestbook Entry for Raj V, United States
Name
Raj V
Country
United States
State
TX
Guestbook Entry for Ashish Agrawal, United States
Name
Ashish Agrawal
Country
United States
State
New Jersey
Comment
Hi Rajiv, I want to take this moment and offer you my utmost gratitude and thankfulness for your support and cooperation in my Green Card process. My case was little complicated as I had another I-485 with another lawyer with different job descriptions but same company. But with your expertise there was no RFE . This has been possible by the perseverance and dedication that was offered by your office. And I want to specially thank Amrita who has been exceptionally helpful to me for all these years. I must have contacted her zillion times for questions and concerns that never left me alone. But she always maintained her professional outlook and gave me the best guidance. This entire immigration process was only possible through your support. I will highly recommend your law firm for all immigration matters. Its the best indeed. Regards, Ashish Agrawal
I would like to express my sincere thanks to Rajiv, Leslie and everyone else at the Law Offices of Rajiv S Khanna for the excellent work done on my Green Card case. We received approvals for our I-485s yesterday and are delighted! Mine was a case requiring porting of priority dates from EB3 to EB2 and Rajiv's firm did an excellent job of that. They are very response to my queries and have an excellent system in place to support us thru all phases of the GC process. They are also cutting edge in terms of using technology. Excellent firm and would definitely recommend it. Thanks!!