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EOIR at a Glance

15 years ago By Editor

 

This fact sheet provides an agency overview for general informational purposes only and is not a substitute for legal advice; nor does it constitute any legal opinion by the Department of Justice, or create any rights or benefits.  This fact sheet is not fully inclusive, does not address all applicable laws or case interpretation, and may be subject to change as new laws and regulations are enacted.

DOS Letter Informs Of Visa Numbers unavailability Until October 1, 2010

15 years ago By Editor

Effective from Thursday, September 16, 2010 there will be no further visa authorizations in response to requests for any FAMILY preference category, Employment based cases (EB-2, EB-3, Other workers, EB-4, and Certain Religious Workers). FY2011 numbers will be available on 10/01/10.

For detail please check the attachment.

Puerto Rico Birth Certificates Issued Before July 1, 2010 Now Valid through Oct. 30, 2010

15 years ago By Editor

WASHINGTON—Under an executive order signed by the Governor of Puerto Rico, certified copies of Puerto Rico birth certificates issued before July 1, 2010, will now be valid through Oct. 30, 2010.  The validity of those certificates had previously been set to expire on Sept. 30, 2010.

B-2 (Visitors or Tourist) visa Extensions for an investor and for a parent

15 years ago By Rajiv S. Khanna

We have received two interesting  B-2 extensions.  It has been my view that under certain circumstances  B-2 can and should be permitted by USCIS to be used even where the applicant has an immigrant intent or is otherwise staying longer than usual in USA.  Apparently, USCIS agrees.

Nonimmigrant Visas

Green Card

EOIR Announces Completion Of Digital Audio Recording Implementation

15 years ago By Editor

The Executive Office for Immigration Review (EOIR) announced that it has completed the installation of its Digital Audio Recording (DAR) system in all of its courtrooms, four weeks ahead of schedule. The DAR system is a state-of-theart recording tool designed to achieve a better quality and more easily accessible recording of immigration court hearings.

USCIS Releases Executive Summary Of Implementing Public Law 111-230 Teleconference

15 years ago By Editor

On August 13, 2010, President Obama signed into law Public Law 111-230. The new law contains provisions that require petitioners to pay an additional $2,000 for certain H-1B petitions and an additional $2,250 for certain L-1 petitions. To begin public outreach on this legislation, USCIS held a teleconference on August 19, 2010 to share how USCIS will implement it.

EB2 approval after EB3 on the same labor certification

15 years ago By Rajiv S. Khanna

We had a Labor certification case filed for an IT professional. The requirements were Bachelor's degree and 5 years of experience. We filed I-140 under EB-2 category.  After approximately 8 months, USCIS sent us an RFE saying Bachelor's plus five years would not qualify under EB2 unless the experience required is progressive in nature.  We knew that USCIS was wrong under the circumstances of the case, but an argument with the government was unnecessary because the EB-3 priority dates were then current.

Team Notes
Menka

Green Card

USCIS - Forms N-648 and I-407 Updated

1 year ago By Chief Editor

USCIS recently updated the following forms:

Form N-648, Medical Certification for Disability Exceptions

09/25/2024 12:11 PM EDT

Edition Date: 09/25/24. Starting Jan. 6, 2025, USCIS will accept only the 09/25/24 edition. Until then, you can also use the 08/19/22 edition. You can find the edition date at the bottom of the page on the form and instructions.

Form I-407, Record of Abandonment of Lawful Permanent Resident Status

09/25/2024 10:40 AM EDT

GC approval before AC21 Supplement J could be filed

1 year ago By Chief Editor
Question details

My I-485 was pending for 9 months (concurrent filing), and I worked all these years (4 years) with my sponsoring employer. My I-140 was approved 4 months ago, and I received EAD and AP as well. At the end of 8 months, I resigned from my employer to take advantage of AC21 (moving to a similar position) and was on notice period. My new employer was ready to file I-485J when asked by USCIS. During my last working week with my sponsoring employer, my 485 got approved, and I received my GC. Can you please advise on what kind of documentation I need to get from my new employer to help with any future naturalization process since I can't file I-485J as my case has been approved?

FAQ Transcript

To ensure compliance and maintain proper documentation, I recommend gathering your proof of employment with the sponsoring employer when your green card was approved. It's important to request written confirmation from your new employer showing they were prepared to file Supplement J before your transition. Keep any prepared  Form I-485 Supplement J documentation, even if it wasn't filed due to the timing of your green card approval. Additionally, maintain detailed job descriptions from both positions to demonstrate they were "same or similar" positions as required by immigration law. Store all these documents securely for the long term, as you may need them during the naturalization process to verify compliance. This documentation will help protect you and demonstrate that you followed proper procedures during your employment transition, even though the green card approval occurred before Form I-485 Supplement J could be filed.

H-1B grace period eligibility after second layoff and B-1/B-2 visa options for job search

1 year ago By Chief Editor
Question details

I got laid off on H1B in my previous company but found and started a job in a new company within a 60-day grace period. Again, the current company has provided a notice period for layoff. Will I get a 60-day grace period again this time?

How easy it is to get a B1/B2 to find a job after a layoff.

 

FAQ Transcript

If you experience a layoff while on H-1B status, you receive a 60-day grace period. If you secure a new H-1B approval and face another layoff, you'll receive a fresh 60-day grace period. This applies to H-1B transfers and extensions. As for obtaining a B-1/B-2 visa for job searching after a layoff, while there's no official measure of difficulty, the approval rates appear to be consistently positive, with no reported denials.

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