The annual limit in the EB-2 category for India and China has reached. This has been confirmed by the State Department. A notification sent to USCIS on April 11, 2012 states that no further visas for the above mentioned categories will be authorized. On the basis of cut-off dates published in the April and May Visa Bulletins USCIS will continue to accept adjustment applications.
[Federal Register Volume 77, Number 78 (Monday, April 23, 2012)]
[Rules and Regulations]
[Pages 24137-24138]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-9612]
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DEPARTMENT OF LABOR
Employment and Training Administration
20 CFR Part 655
RIN 1205-AB58
Hello, everyone. This is Rajiv S. Khanna for immigration.com, the Law Offices of Rajiv S. Khanna, P.C.
I am very pleased to report this morning that I saw a news report from USCIS Nebraska Service Center teleconference on April 12, 2012, that clarified you can carry forward the Priority Date from one I-140 approval to another 1-140 approval for another employer, even if the old employer revokes the I-140. USCIS has flip-flopped on this issue several times.
Let me first bring you to the news. Right here it says. If you look at the question number two. The answer is, both centers adhere to retaining the earlier priority date, unless the I-140 was revoked for fraud or willful misrepresentation. So the idea here is this: even if you go from Employer A to Employer B, and Employer A revokes the I-140 approval, the Priority Date is yours to carry forward to any employer you like--B,C,D,E--unless the employer A’s I- 140 was revoked for fraud or misrepresentation.
The history of this interpretation is strange. A few years ago, this was the position. USCIS always said you can carry the Priority Date forward. A couple of years ago, they started saying, “No, you cannot.” We had several cases in which they raised this issue, so anybody who has had this issue decided against them can actually go back and file a motion to reopen/reconsider. I advise you to think about this very carefully. You could actually go back and ask USCIS for the Priority Date to be carried forward if they had earlier denied it. There’s a whole lot of people who went through this. File a motion to reconsider. Then USCIS started saying, “Well, you cannot do it.”
Now they are back to their old, very good interpretation, which is in line with Congressional intention for AC-21, where Congress wanted to create room for people to leave their jobs and move on to other jobs because Green Cards were taking so long. So Congress said, “We’ll put in AC-21.” That will make it easier for employees to change jobs without losing their Green Card benefits.
This is excellent news, folks. Once again, I am summarizing it for you. You can carry your Priority Date forward, even if the old I-140 is revoked, unless the I-140 is revoked for some fraud or some willful misinterpretation.
One more thing I wanted to add. This is not good for H-1. Don’t think that if the I-140 is revoked, you can still use it for H-1 extensions. You cannot. If you want H-1 extensions beyond six years, you’ve got to have something else going. You cannot rely on the revoked I-140.
That’s all I have to say on this issue. I will speak with you folks soon.
Thank you for listening.
H-1B, H-1B1, E-3 Helpful Resources:
The Department has posted a contact list for the H-1B, H-1B1 and E-3 Programs to assist employers with their applications. To view or download a PDF copy of the Helpful Resources for the H-1B, H-1B1 and E-3 Programs, please click the attachment below.
USCIS Reminds the Public to Avoid Scams and Unauthorized Practitioners of Immigration Law
I can't locate my I-94 online. What should I do?
If you tried to retrieve your I-94 from the cbp.gov online system and you receive a response that your I-94 is "Not Found", please read the following questions to help you check for mistakes and try to enter the information again:
1. Did you enter your first and last name the same way it appears on your passport? Please do not use dashes or titles.
2. Did you enter the passport number that appears on the upper right hand side of your passport?
WASHINGTON – U.S. Immigration and Customs Enforcement (ICE) is proposing changes to the requirements governing its Student and Exchange Visitor Program (SEVP) that are intended to improve management of international student programs and increase opportunities for study by spouses and children of nonimmigrant students.
I have recently filed for H1B 8th year extension under premium processing and I got the approval in a week. Rajiv, Fran & Anna did excellent work throughout the process. I really appreciate Rajiv for his attention to detail and his thought process before filing the application. He even submitted some documents even before CIS want to think about it. Thanks again Fran and Rajiv.
Thank you for the most updated and recent valuable information and expertise provided by Mr. Khanna each time we seek fro advice!
What is Returning Resident Visas (SB-1)?
About Returning Resident Visas (SB-1)
On Nov. 4, 2013, the United States District Court for the Western District of Washington granted final approval of the revised ABT Settlement Agreement, bringing to a close class action litigation that began in December 2011.
Questions & Answers: Victims of Criminal Activity, U Nonimmigrant Status
The U nonimmigrant status (U visa) is set aside for victims of crimes who have suffered substantial mental or physical abuse and are willing to assist law enforcement and government officials in the investigation or prosecution of the criminal activity. Below are Questions and Answers pertaining to U nonimmigrant visas.
The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) enforces the anti-discrimination provision (§ 274B) of the Immigration and Nationality Act (INA), 8 U.S.C. § 1324b.
This federal law prohibits:
Hello people.
i had my interview a month ago and due to sputum test thing i had to wait till today for the results.
they sent my medical report to embassy and tomorrow i am going to send my passport to embassy for temporary visa.
i had my interview with my wife, and we waited like 2 hours before the interview.
my wife and i were married after i won the lottery by the way.
we got lots of photos with us to Ankara.
AAO Processing Times as of November 1, 2013 |
||
Form Number |
Case Type |
Time |
I-129CW | CNMI-Only Nonimmigrant Transitional Worker | Current |
I-129F |
The NPWC is experiencing an unprecedented number of prevailing wage determination requests (PWDRs) for H-2B labor certifications, many of which include surveys. The lingering effect of the government shutdown, coupled with the complexity of reviewing new surveys, has resulted in increasing wait times for PWDs with survey requests. Employers' needs may not be able to accommodate the longer processing times, although the NPWC is working to reduce the processing time of these surveys as quickly as possible.
On December 8, 2013, E-Verify released three revised Memorandums of Understanding (MOU) for E-Verify browser users and three new MOUs for Web Services users and developers.
The new and revised MOUs become effective for new users beginning December 8, 2013, and for existing users on January 8, 2014. Existing users will not need to execute a new MOU. For more information, including copies of the new and revised MOUs, please see the:
A couple of questions I have in extension to the I-140 withdrawal by employer are below. If I have I-1485 pending for more than a year via company A and I join company B using my EAD/AC21:
a. what will be the impact if Company-A decides to withdraw/cancel/dissolve the I-140?
b. Is there a possibility for a NOIR to occur on the I140 which had been approved in 2011? If yes what is the impact in either cases?
What are the measures I need to take in either case?
a. No effect on your AC21 right, but you cannot extend future H-1 (if you need them).
b. Oh yes.
U.S. Citizenship and Immigration Services (USCIS) has approved the statutory maximum 10,000 petitions for U-1 nonimmigrant status (U visas) for fiscal year 2014. This marks the fifth straight year that USCIS has reached the statutory maximum since it began issuing U visas in 2008.
Each year, 10,000 U visas are available for victims of certain qualifying crimes who have suffered substantial mental or physical abuse and are willing to help law enforcement authorities investigate or prosecute those crimes. A U visa petition requires certification of assistance from law enforcement.
Number 64
Volume IX
Washington, D.C.
A. STATUTORY NUMBERS
I wish to thank Rajiv Ji and other members of his team for brilliantly handling my F1 visa reinstatment case, which I lost due to Tri Valley fraud. Rajiv Ji stepped in as an angel in the toughest times in my life and painstakingly prepared and filed the I 539 application. He is very kind and went a step ahead and as a true samaritan, he filed it pro bono. I am very very grateful to him and his highly qualified and thoroughly professional staff for the timely help, guidance and the success, which I owe to immigration.com.