USCIS Workload Transfer Updates
Updates for October 1, 2018: USCIS transferred some of the following cases from the California Service Center to the Nebraska Service Center:
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Guestbook Entry for Santosh P, United States
Name
Santosh P
Country
United States
State
NY
Recording of Free Community Conference Call (Every Other Thursday), October 11, 2018
Immigration.com
Nonimmigrant Visas
Immigration Law
Substantial transcription for video
Topics of Discussion: Oct 11, 2018
Transfer of H1-B without filing an I-140 immediately || Does changing employer automatically cancel/revoke previous H1B petition || Freedom of Information Act (FOIA) about I-140 || CAP EXEMPT H1-B || Can I use my EB3 to file Change of status application by using successor in interest document as my EB3 was done by my old company which was acquired by company XXX || Job portability under the AC21 || Can an employer retain the original I-797 and give only a copy if the I-797 to the employee
Oct 25, 2018, Recording of Free Community Conference Call (Every Other Thursday)
Immigration.com
Citizenship and Naturalization
Green Card
Substantial transcription for video
Discussion Topics, Thursday, October 25, 2018:
FAQ: Travel during N-400 naturalization process || Impact of extending B-1 B-2 stay || Filing H-1B without an end client letter (supplied later)||NTA in employment based visa
Other: Marry a LPR holder || Changing jobs on the AC21 using supplement J || F-1 STEM OPT || Port back from EB3 TO EB2
When is the starting date to work on H-1B?
Question details
Regarding USCIS Updates H-1B Cap Count 10/30/09, if the employer files my H1B petition immediately, (1)how long the H-1B approval takes and (2)when is the starting date to work on H-1B? As far as I'm concerned, the H-1B petition quota had usually been reached on APR 1 and the starting work date is Oct 1. But this year is different since the quota has not yet been reached. My employer would like me to work ASAP, so I would like to know if they file my H-1B petition now, can I get approved and work before Oct 1, 2010? (I have a Master's Degree from USA.)
I believe the quota for this year is still available. If so, you can start work as soon as as the H-1 approval says you can (usually immediately upon approval). You need not wait till 2010. File through premium processing if you are in a hurry.
H4 to H-1
Question details
I came on H4, got H1b, worked for few months, again changed to H4.Could somebody tell me how much would it cost to amend from H4 to H1.
I am not sure what you mean by "cost," but I can refer you to what we charge. See if this answers your question: http://www.immigration.com/services-fees/h-visa/h-visa-services-and-fees
Guestbook Entry for Brij, United States
Name
Brij
Country
United States
State
NY
Comment
I took consultation with Rajiv Sir twice. In few words, I would say he is excellent in his knowledge and he really reads your case, tries to understand it before he talk to you over the phone. My case is very much complicated ( labor substitution, EB2, concurrent filing, previous comp filed chapter 7, new comp filed another GC with different salary and job duties...etc).
During my first consultation, I asked same set of questions (10 - 15) from both Rajiv Sir and Sheela Murthy but I got all my queries answered with satisfaction and piece of mind only from Rajiv Sir.
During my 2nd consultation, due to dynamic nature of my queries, discussion needed more time than scheduled and Rajiv Sir gave me another slot free of charge to give me right direction before closing discussion thread with him.
Finally, I would say his fees is highest amoung all lawyers I have met but is worth paying as it gives you piece of mind at the end.
PERM and H-1 extension
Question details
My company filed my perm application in march 2009 and We did`nt heard any thing from uscis. My H1 is expiring(Max-6 years) in March 2010. My question is when I can file for H1 extension?
You can apply for H-1 extension 6 months ahead. But the start date cannot be earlier than March 2010 (when the one year pendency/filing of PERM is reached). You can also get an H-1 extension when your I-140 is approved (if your priority date is not current).
USCIS Updates H-1B Cap Count
As of October 30, 2009, approximately 53,800 H-1B cap-subject petitions had been filed.
H1 6th Yr - Labor Approved - NO I-140
Question details
My Bank(!) has filed for my GC last year (Aug) and we got PERM Labor approved as of Feb'09. However, with everything going on with Banks and Economy in general, my new employer (who has taken over my previous employer Bank) has decided to not file for I-140. My 6th Year H1 is going to expire on May 2010. I explored few other companies where I can join and if they can start my GC. I was told by many of them that they will not apply for Labor as we don't have enough time left now to get my Labor approved and file I-140.
Is there any option left for me?
Getting an I-140 filed is your best bet. If you end up leaving USA, see if you can get a job that can get you an L-1, which then leads to an EB1 green card (usually takes about a year only to complete).
H1B Visa
Question details
Isn't it interesting that this year (2009) there are still 20,000 H-1B left that no companies have applied for 4 months after the dead line were they usually all are taken?
This is because the recession has made it impossible for banks and other TARP precipitants to hire people from abroad for a job that an American can fill and it is quite a stretch in this economy to argue that you can not find a qualified IT worker in the US.
True. But, TARP alone is not the real issue. I think the economy has been hard on all jobs including H-1. TARP is a factor. And there has been a disproportionately high rate of H-1 denials.
H1B extension for pending labor
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. Pls let me know.
I have responded on my blog: http://forums.immigration.com/blog.php?b=214
Another H1B Approval After a Period of being out of status and unlawfully present
We were recently retained by an employer whose employee fell out of status due to an omissions by the former counsel. Prior to the employee’s H1B expiration date, the employer tried to file an H1B extension. The employer’s former Counsel utilized an obsolete and inappropriate wage source when filing the LCA. This wage amount was also not representative of what the employee was earning. As a result, the employer had to withdraw the LCA. This circumstance resulted in an untimely filing of the employer’s H1B application and the employee’s status expiring due to no fault of his own.
Nonimmigrant Visas
Profession/Occupation
Guestbook Entry for Amit Gupta, United States
Name
Amit Gupta
Country
United States
State
New York
Comment
Mr.Khanna and his whole team worked on my complicated case and made it possible. There was a lot of effort that went in during the whole process but finally it worked. Working with his team was so easy and the responses were very quick. During the whole process I never felt once that my case is not being treated as priority. Mr. Khanna made himself available when it was required and guided me thru the whole process. My special thanks to Rena, Sheena and Anna without you guys it would not have been possible to reach at this stage. Thanks a zillion Mr.Khanna for your advise and support during the rough time we went thru. Amit Gupta
USCIS Temporarily Accepts H-1B Petitions Without DOL Certified LCA
U.S. Citizenship and Immigration Services (USCIS) is announcing a 120-day period in which it will temporarily accept H-1B petitions filed without Labor Condition Applications (LCAs) that have been certified by the Department of Labor (DOL).
USCIS Updates H-1B and H-2B Cap Count for FY 2010
As of November 6, 2009, approximately 54,700 H-1B cap-subject petitions had been filed. USCIS has approved sufficient H1-B petitions for aliens with advanced degrees to meet the exemption of 20,000 from the fiscal year 2010 cap. Any H1-B petitions filed on behalf of an alien with an advanced degree will now count toward the general H1-B cap of 65,000.
USCIS Updates H-1B and H-2B Cap Count for FY 2010
As of November 20, 2009, approximately 56,900 H-1B cap-subject petitions had been filed. USCIS has approved sufficient H-1B petitions for aliens with advanced degrees to meet the exemption of 20,000 from the fiscal year 2010 cap. Any H-1B petitions filed on behalf of an alien with an advanced degree will now count toward the general H-1B cap of 65,000.
Guestbook Entry for PM, United States
Name
PM
Country
United States
State
Illinois
Comment
I got my GC yesterday. I am still waiting on GC for my wife because there is an RFE on her case.I didn't get the RFE information yet on my wife. This is my case ============ -US Masters Degree - EB2 , Priority Date Nov 2004 - Applied for EAD in Sep 2009. - Received EAD in three weeks and AP in four weeks. - Received GC yesterday after 70 days for my application date. I want to thanks Prerna Mehta for all her efforts. She was very patient, informative and supportive.
More questions on AC21, EAD, losing job, etc.
Here is a series of questions that should be relevant for many people:
USCIS explains its types of site visits
USCIS' Fraud Detection and National Security (FDNS) office has recently explained the three types of site visits that are currently being conducted:
1. Risk Assessment Program fraud study (RANDOM VISITS). This is a joint study by USCIS and ICE applicable to both family-based and employment-based cases. Cases are chosen for randomly for review and site visits usually after a case is approved. The purpose of this study is to build a profile of the types of cases where fraud is most prevalent.
It has been a long and anxious path to a GC application lasting a little over ten years but I would like to thank Rajivji and especially Art and Mark who have helped by providing step by step support through the entire process, including multiple H1B renewals and EAD renewals. Thank you for being a helpful and knowledgeable team.