With speculations that EB-3 may go ahead of EB-2, can we port down to EB-3 from EB-2 using existing labor, in general is it risky to do that, what happens if porting is denied will we loose existing approved EB-2 petition?.
Watch the Video for this FAQ: Can EB-2 approved file for EB-3?
Video 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 has recently updated the following form:
Wanted to share some info on a friend's case I assisted with. Her father was born in Texas, raised in California. He married a Mexican citizen in Texas in 1992. My friend was then born in Mexico in 1993. She lived there with mother until age three then they moved to California. She was raised in California. Her parents then had two more daughters born in California.
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.
ALERT: Although F-1 nonimmigrant students with degrees in science, technology, engineering, or mathematics (STEM) may apply for a 24-month extension of their post-completion OPT employment authorization, our policies regarding the cap-gap extension remain the same.
On June 21, 2018, USCIS will begin recalling approximately 800 Employment Authorization Documents (EADs) that were issued in conjunction with Form I-589, Application for Asylum and for Withholding of Removal, which were granted by USCIS asylum officers. The cards contain a production error that transposed the first and last names of the individuals receiving the EADs. These cards were mailed to recipients in April and May 2018.
What is the PERM Appeal Process?
Per 20 CFR 656.24(g), it is an opportunity for an employer to request a Certifying Officer (CO) reconsider denial of an PERM labor certification application (ETA Form 9089) Per 20 CFR 656.26, it is an opportunity for an employer to directly request BALCA review a CO’s decision to deny an ETA Form 9089.
For more details please click the link for the presentation:
Discussion Topics, Thursday 21 June 2018:
FAQ: Changing jobs after I 140 approval || Can a green card be filed for me if I am on H4 or L2 or F1 – – any status other than H-1B or L-1A? || Can an employee withdraw an H-1B petition? || How to add forgotten information on to a naturalization application/N-400? Other: Changing jobs when an appeal to the Department of Labor (BALCA) is pending || Trading stocks while on H-1B or H4 status || Changing from H-1B to F1 status and back to H-1B again || How to extend my I 94 within the USA? || Obtaining EB2 with a three year degree || Procedure after a denied PERM is approved || Validity of I 140 after I 485 denial || Minimizing the future impact of an L-1A denial || Exemption from H-1B quota where visa is stamped but never joined the employer || WHD complaint against employer || Green card processing times || Receiving pension after surrender or loss of green card || Challenging wage levels determined by an employer || India EB-1 priority dates || Traffic violations in N400 || Checking status of PERM, etc.
I have the following questions<br>
Can employer A revoke my current I-140 after I change my employment?<br>
Can I keep getting my visa renewed with Employer B based on my current I-140 with Employer A until Employer B initiates my GC processing?<br>
Does the hike in pay and change in roles in any way affect any of my future GC filings with Employer B?
Watch the Video on this FAQ: Changing jobs after I-140 approval
Video 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 recently updated the following form(s):
Important Notice: Effective April 1, 2018, the U.S. Embassy in New Delhi will no longer process IR5, IR1, IR2, CR1, or CR2 visas. The U.S. Consulate General in Mumbai will be your interview location if you are in process for an IR5 ( parent of a U.S. citizen), IR1/CR1 visa (spouse of a U.S. citizen) or IR2/CR2 visa (unmarried minor child of a U.S. citizen), AND your interview is scheduled on or after April 1, 2018. Your letter from the National Visa Center will specify the location of your interview, along with further details about interview preparation.
Starting April 2, USCIS will destroy Permanent Resident Cards, Employment Authorization Cards and Travel Documents returned as undeliverable by the U.S. Postal Service after 60 business days if USCIS is not contacted by the document’s intended recipient to provide the correct address.
PERM Processing Times (as of 03/31/2018)
I wanted to know if an H-1B employee can go on Leave Without Pay (LWOP) for lets two months and still maintain a valid status? Further to the question, under what circumstances/situations can a employee working on H-1B visa take Leave of Absence for couple of months, stay in United States and not have his immigration status affected?
Watch the Video on this FAQ: Leave without pay for H-1B / Status
Video 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.
Any lawful permanent resident (LPR) or a conditional resident (CR) must present an admission document like special immigrant visa (obtained at consulate abroad), green card or reentry permit upon entry to the U.S. after their temporary trip abroad. In the absence of such document he/she is considered inadmissible. If the LPR or CR seeks admission to the U.S. after more than one year since her departure from USA, the green card may not be sufficient to allow them back into the United States.
USCIS has reached the congressionally-mandated 65,000 H-1B visa cap for fiscal year 2019. USCIS has also received a sufficient number of H-1B petitions to meet the 20,000 visa U.S. advanced degree exemption, known as the master’s cap.
Number 17
Volume X
Washington, D.C
USCIS has received petitions for more than the number of visas available for fiscal year (FY) 2019 for the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) program. The cap for CW-1 visas for FY 2019 is 4,999.
On April 11, USCIS used a computer-generated random selection process to select enough H-1B petitions to meet the congressionally-mandated cap and the U.S. advanced degree exemption, known as the master’s cap, for fiscal year (FY) 2019.
USCIS recently updated the following USCIS form(s):
Discussion Topics: - AOS status through EB3 category - E2 Visa (Visa for Australian Citizens only) with spouse on E2D (E2 Dependent) with work not allowed - Dependant EAD (C36) - NOID in H1B-Extension - carrying green card while going to office, shopping, library etc.