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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:
USCIS Workload Transfer Updates
USCIS transferred some of the following cases from the Vermont Service Center to the Texas Service Center:
Recording of Free Community Conference Call (Every Other Thursday), October 11, 2018
Immigration.com
Nonimmigrant Visas
Immigration Law
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
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
Importance of having continuity of employment/pay stubs
Whats the relevance or importance of having continuous pay stubs (How much gap is permissible if Not significant?) in the processing of Green card of an H1B holder.
Continued payments are required by law for H-1 holder, unless they come under some very limited exceptions for leave for employee's personal reasons. Not paying, exposes the employer to investigation and penalties and may place the employee out of status.
In the green card context, non-payment can lead to problems with demonstrating ability to pay wages.
For both H-1 and GC, nonpayment can lead to an assumption that no genuine job exists. That could lead to cancellation of one or both processes, except for situations where AC21 portability is involved.
H1B Status
My wife is on H1B and now she is 7th month pregnant. If she takes leave on non-payment, will she be in H1B status or out of status?
As long as the leave of absence is reasonable and customary (or required by medical necessity), she should be considered in status.
Out of Status
How many months gap is permisible for H-1 and also in GC process if person is on H-1 ?
I mean to say supposse one H-1 holder lost his job and if he got another job after 02 months ( Gap of 02 months ) then his H-1 and GC process will be effected ? His last co. is supporting by keeping her I-140 as such ( no revock )
(Condition: Person has H-1 and his I-140 was also aproved in last co. but due to some reason she left job and would like to join another co. on 3rd month, say after 02 months and would like to file H-1 in this new company )
A gap of even one day (unless excused by USCIS) puts a person out of status and is not permitted. When you leave a sponsoring employer, it certainly calls into question the continuity of existence the green card job'
E3 to H4
I am in the US from Australia and just lost my job as an Engineer. I was on an E3. My wife has an H1B and is employed. Since E3 restrictions give about 10 days grace period, our immediate option is for me to go to an H4. Does anyone know how long this process usually takes if I am currently in the US and what I may have to do.
Just go to Canada or Mexico and get your H-4 stamping and come back. That should work.
Need information
I entered USA on F1 visa with my married name. As i got divorced a week before flying to USA wasn't able to change the last name. Now i am graduating soon and wish to obtain certificate in my maiden name. So i got my last name changed in passport from Indian Consulate San Francisco. But in my new passport there is no visa. So what should i do? The consulate and my school says that whenever i go back home i need to get a new visa. So is that true? Will there be any problem in going back India for summer vacation and getting a visa again? Is it possible to get visa here?
Generally speaking, getting a new visa endorsement should not be a problem. You cannot get a visa within USA.
J1 overstayed by years, married to a greencard holder
I came to US in 2004, overstayed my J1 visa by 3 years and got married to a greencard holder in 2007. My I-130 was approved in 2008 . Is it possible to adjust status when my visa number becomes available. I have read on different sites that I'm not eligible since I have not maintained lawful status during my stay. Are there any loops?
Unless your spouse becomes a US citizen, nothing can be done as far as I can see. If you had a 2 years HRR, you have bigger problems.
Adoption for US Citizens, Immigrants and Nonimmigrants
Quite a few of our community members have asked me about the basic laws governing adoptions. One of my colleagues has prepared brief write up for you.