CRS Report on Immigration of Temporary Lower-Skilled Workers: Current Policy and Related Issues
Please check the attached CRS Report on "Immigration of Temporary Lower-Skilled Workers: Current Policy and Related Issues".
Please check the attached CRS Report on "Immigration of Temporary Lower-Skilled Workers: Current Policy and Related Issues".
I will copy and paste the conversation between me and the Norwegian Embassy in San Francisco/CA. I just think the Embassies should be aware about the Travel Document...they look at it like it's an alien from Mars!!!
ME: Good morning Norwegian Embassy SF-CA
From what I remember, I posted my experience travelling outside United States about 1 year ago. Well, I have another story or experience to tell; I went to Vietnam a couple weeks ago with my Indonesian passport and Green Card. Please don't bother making a RTD, if you are a green card holder. You are basically wasting money and time. If you have a valid passport, you go for it. The custom officer at the airport don't even bother looking at your passport, beside when he/she needs to stamp your re-entry.
Agency begins transition from paper-based to online environment
Released May 22, 2012
WASHINGTON— U.S. Citizenship and Immigration Services (USCIS) today launched the first phase of its electronic immigration benefits system, known as USCIS ELIS. The system has been created to modernize the process for filing and adjudicating immigration benefits.
Approximately 44,000 Files to be transferred to Archives Facility in San Bruno, Calif.
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced the transfer of approximately 44,000 additional alien registration records, known as “A-Files,” to the National Archives and Records Administration (NARA).
New System Will Standardize Process for Immigrant Visa Applicants Worldwide
Released May 23, 2012
The OFLC is pleased to announce the expansion of the H-2A Ombudsman Program to include the H-2B Program community. The Ombudsman Program is here to facilitate the fair and equitable resolution of concerns that arise within the H-2A and H-2B filing communities, by conducting independent and impartial inquiries into issues related to the administration of these programs.
Summer is one of the busiest international travel times in the U.S. and with the start of the travel season this Memorial Day, U.S. Customs and Border Protection is reminding travelers of some important tips. With increasing passenger volumes due to a nine percent increase in travel and tourism since February 2011, there are things returning U.S. citizens or residents, and international visitors can do to help speed their processing.
Due to the high number of recently filed I-129 petitions with USCIS, customers may experience a longer than usual period of time to receive a receipt notice from USCIS. Usually, customers can expect to receive their receipt notice within 30 days of delivery confirmation. However, due to an unexpectedly high volume of I-129 petitions, it may be an additional two to four weeks before customers receive a receipt notice.
U.S. Citizenship and Immigration Services (USCIS) will transition from a paper-based model to a secure, electronic environment. This new user-friendly system is called the USCIS Electronic Immigration System (USCIS ELIS).
USCIS ELIS is an easy-to-use system designed to modernize the application process for immigration benefits. It will also provide more accurate, convenient, and secure customer service and allow USCIS to process cases with greater efficiency and consistency.
In a continued effort to assist H-2A employers with preparing their agricultural job orders and applications, the Department has revised the H-2A Filing Tips to alert employers to common filing mistakes which can delay the processing of an H-2A application. The H-2A Filing Tips may be found on the H-2A program page under Factsheets and Filing Tips.
Hello folks,
Here is my experience in today's interview.
ur interview was schedule for 29th of May , 2012 at the U.S Embassy Accra Ghana.I entered the lottery with my wife and two kids.We got to the embassy around 6:30am and at 7:00am we were made to enter,paid our fees which was $330x4 ,submitted our documents and after our tumb prints were taken we were asked to wait for the C.O to call our name.Around 9:00am our name was called to report at window 5,this was what happened.
CO:When did you get married
Me:answered
CO:what do you do at the moment
Me:student
CO:what school
Me:answered
CO:Who supports you
This policy memo provide guidance regarding representation and appearances and interview techniques in certain application and petition proceedings before USCIS.
Please check the attachment to view the Memo.
If the employer will accept an alternate combination of education and experience and the acceptable number of years is other than a whole number, how can the employer inform the Department of the acceptable number of years on the ETA Form 9089? The field wherein the number of years must be entered, Section H, Item 8-C, only accepts whole number entries.
To inform the Department of the acceptable number of years where the value is other than a whole number, the employer should round to the nearest whole number, e.g., a value of 6 months would become 1 year and a value of 15 months will become 1 year, enter the whole number in Section H, Item 8-C, and then use Section H, Item 14 to provide the actual number of years and months.
Example 1: Where the employer accepts, as an alternate combination of education and experience, a Bachelor's degree and 6 months experience (0.5 years), the employer will mark "Bachelor's" in 8-A. and will enter "1" year in Section H, Item 8-C, having rounded the six months (0.5 years) up to the nearest whole number, in terms of years. The employer will then explain in Section H, Item 14, that its actual acceptable alternate combination of education and experience is a Bachelor's degree plus 6 months (0.5 years) experience but it entered 1 year in Section H, Item 8-C, per the FAQ.
Example 2: Where the employer accepts, as an alternate combination of education and experience, a Bachelor's degree and 15 months experience (1.25 years), the employer will mark "Bachelor's" in 8-A. and will enter "1" year in Section H, Item 8-C, having rounded the 15 months (1.25 years) down to the nearest whole number, in terms of years. The employer will then explain in Section H, Item 14, that its actual acceptable alternate combination of education and experience is a Bachelor's degree plus 15 months (1.25 years) experience but it entered 1 year in Section H, Item 8-C, per the FAQ.
Revised May 29, 2012
Can third party software tools that interface with the web based forms made available by the Department of Labor (Department) be used to manage the filing of online applications?
The Department takes no position as to whether an employer can use third party software tools. However, it is important to remember that these third party tools were developed without the participation, review, or approval of the Department or the Office of Foreign Labor Certification. As such, the Department cannot vouch for the accuracy or integrity of data submitted using third party tools. It is the responsibility of the party using such tools to review the submitted application completely for accuracy and errors prior to submitting.
When making inquiries about situations encountered while submitting data to the PERM Case Management System please be sure to advise the helpdesk if you are submitting information with the aid of a third party software application. In some situations you may need to contact the developer of the third party system to resolve issues.
May 29, 2012
As of 27 April 2012 count, USCIS has received 29,200 regular cap H-1 B petitions and 12,300 advanced degree H-1B petitions. These numbers are considerably higher than the ones we saw at this time in the fiscal years 2011 and 2012 (we are now in FY 2013).
State Department has indicated that as of 11 April 2012 there are no more immigrant visas (green cards) available for China and India-born EB2 applicants. The numbers will be reset on 1 October 2012, the start of the new fiscal year. In the meantime, USCIS will continue to accept I-485 filings until the end of June based upon the Visa Bulletin that will be published in May. No action will be taken on these applications until October, but its is expected that EAD/AP's will be issued.
1. My employer filed my I-140 and it was approved. They refused to provide me the approval notice but through InfoPass I was able to get my receipt number and Alien #. To port my priority date, I would like to request USCIS for the duplicate copy of I-140 approval notice.
2. Is it possible to request USCIS a duplicate copy of my I-140 approval notice using either G-639 (FOIA) or I-824 (Action on an approved application or petition) or any other method as I have my receipt#?
FAQ Transcript
Answer 1. People typically file a FOIA request. File the Form G-639 (Form G-639 - USCIS). Often you get copies of all kinds of documents. Government gives you copies of documents they have on you. It is not consistent but people have got copies of their 140 approval notices, copies of their H-1 approval notices, the entire perm package. So it is worth filing a FOIA and it doesn’t cost you anything. It can take a little bit of time a couple of months maybe three months but do file it if you don’t have documentation. You can port the Priority Date with your alien number itself and receipt number as well. It should not need a I-140 approval notice. Remember the government has that information already. They don’t specifically need it from you.
Answer 2. By all means file the form. File G-639 and not I-824. File G-639 and let’s see what they give you.
I have been laid off by my current employer, with severance paycheck coming at regular pay intervals until mid January-2016. Finding a new employment is taking time. I am on H-1B which first started on October 01, 2013, latest I-797 valid until December 2017.
1. How long do I legally have, before I become unauthorized to stay? What constitutes as unlawful presence?
2. My I-94 admission validity is until October 2016; with no employment, does this mean anything?
3. Before I transition into a new H-1B, can I travel outside and into the country, without a Change of Status? Can I use severance pay checks if asked, for entry purposes?
4. Can I use my severance pay stubs as pay stubs when my next employer applies for new H-1B?
5. I am hesitating to inform my next employer about my termination, thinking that this may impact my hiring decision or my ability to negotiate. But not indicating terminated employment, is it possible that my H1B transfer or new petition may be considered unethical?
6. In your experience, how long does the USCIS take to update a revoked H-1B petition in their systems?
7. If my new employer files for H-1B transfer before the update but with pay stubs older than 30 days, do I have to mandatory leave the country for new H-1B stamping before starting to work?
8. If such is the case, is it best to change to a B-2 status and have my next employer apply for new H-1B? If yes, I would assume that I will be cap exempt until September 30, 2019 plus the days spent on B2; would this be a fair assumption.
9. Can my employer continue to pay severance checks when I am on B-2 status?
10. What happens if my new employer applies for H-1B transfer with severance paychecks, after USCIS has updated their records?
11. In your experience, what gap in unemployment is generally ignored by USCIS when filing for new H-1B or transferring new H-1B?
12. What other words of wisdom do you have for me?
If you get laid off on H-1B there is no grace period. You get laid off today tomorrow you are out of status.
Answer 1. Not even one day. However when you are getting paid can you not make the argument that since you are getting paid you are still maintaining status. That’s a slightly unpredictable argument. It can cut both ways. An example: I did a consultation on garden leave. Garden leave is very common in the financial industry. The employer lets you resign or if they lay you off they will pay you for the couple of months but they don’t want you to join another employer. The idea is you should not be able to take their information which is current and apply to a competitor. So in that case those pay checks are strongly set to keep you in status because it is full salary and they are maintaining control over you and they are not letting you do what you please . And that’s the assumption.
However severance pay… government has at one point said that they don’t consider severance pay to maintenance of status because severance pay seems to be a part of an arrangement were this is not salary you are basically just getting paid sought of a bonus to part company and I have doubts about that . I do not believe that to be a very good legal opinion from the government. I feel as long as my salary amount is getting paid, my deductions are being made, it is does not matter if I have a job or not. So you can certainly argue that. Severance pay doubtful, something like garden leave or regular leave coming out your way is probably ok to maintain status.
Answer 2. Not really. Understand the difference between out of status and unlawful presence. These are two different concepts. If you are on H-1 and you get laid off you are out of status the next day. But you are not unlawfully present until your H-1 is revoked or until your 1-94 expires. For sure unlawful presence begins when 1-94 expires. So unlawful presence and out of status are two different things. You are out of status the following day but you may not be unlawfully present until you’re I-94 expires or revocation of the H-1 occurs. Consequences of being out of status and unlawful presence are quite different. You are out of status that is no bar from getting another H-1B visa, another H-4, L-1, L-2 maybe a problem for F-1 or B-1 visas that have rather weak basis but for H-,4 H-1, L-1, L-2 or even O-1 or E-3 this is not a problem. On the other hand if you are unlawfully present for 180 days you are barred from green card or work visa for three years to ten years if you are unlawfully present for one year. So you can’t come back without a waiver and waivers are limited.
Answer 3. No because you don’t have a job. If you use the same visa to come back in, that could be fraud.
Answer 4. The answer is yes and why not. Government has never made a formal announcement that they will not accept severance as indicative of violation of status. So definitely use them.
Answer 5. That’s between you and your new employer. Immigration law does not require you to inform your new employer about termination by the old employer.
Answer 6. It can be many months but revocation should be retroactive so if your employer sent a revocation request which reaches USCIS today even if they act on it three months down the line they will back date it to today. Revocation is effective on the date revocation request is received.
Answer 7. It is up to USCIS, they might allow you status if the facts of your case is such that they require some sympathetic consideration but normally if you are out of status even one day government is well within its right to refuse to issue you status within the country. In these cases I always advice people to file premium processing soon so you know rather quickly were you stand.
Answer 8. B-2 application to maintain status is acceptable sometimes and also objectionable by the government. You can try, you can tell them that you were laid off unexpectedly and you have enough money to support yourself and you will not work without authorization, and that as soon as you find another employer you will immediately apply for an H-1. When all these things are said and done I think you can make a case for a B-2.
Sometimes government has come back and said we cannot give you a B-2 but as long as you get it filed before your current H-1 expires at least you have the right to stay in the US. You can argue in what is called authorized period of stay. But the problem is this. Something you need to be aware of. Let’s say your status is expired you have filed for B-2 and it is pending now you found a job remember an H-1 transfer within US will be approved only (most cases) if the pending B-2 has been approved in your favor by the time USCIS decides the H-1 transfer. If the case is still pending they will not give you status within USA, they will ask you to go for visa stamping. That is not a problem. You can do that but be mindful of that. If the B-2 is still pending or the B-2 is denied you will have to leave USA. The only time you get H-1B within USA is if by the time they decide your second H-1and your B-2 is already approved in your favor.
You will be cap exempt. That is not a problem because cap just says if you have been approved anytime in the last six years you are not subject to the quota.
Answer 9. Why not. On the one hand we are arguing that’s keeping you in status. On the other government could take the position that means you are violating status and I would say “no” because that is payment for work already done. They are giving me severance not because I am working for them; it’s because I already worked for them and this is either a payment for work already done or part of the arrangement while I was working. In order for employment to be unauthorized there must be a payment or remuneration as well as work. If there is payment without work or work without payment I think that is a good argument that’s not an unauthorized employment.
Answer 11. There is no consistency. I have seen them ignore not even one day they will come back and say no you were out of status for one day, in some situations they have done for two or three months. Most of the times they are not tolerant of this issue at all.
Answer 12. I think B-2is a good idea as long as you understand the implications of a B-2.
USCIS updated the following USCIS form(s):
Form I-9, Employment Eligibility Verification
08/01/2023 09:59 AM EDT
It was a real pleasure interacting with Rajiv Khanna, albeit for a short period. We were looking for immigration information for a highly qualified physician relative in India. He was very knowledgeable, of course. But, the most distinguishing element was his honesty and forthrightness. He gave me excellent feedback, laying out clearly the pros and cons of different alternatives and the likelihood for success. His recommendation was to not proceed, which I totally agree with, although it meant lost fees for him and his firm. If anyone is looking for an honest, straightforward, knowledgeable immigration lawyer, based on my experience, I would not hesitate to recommend Rajiv.