Guestbook Entry for Rajat, United States
Name
Rajat
Country
United States
State
VA
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USCIS Forms Update Notice
USCIS recently updated the following form(s):
USCIS Expands Guidance Related to Naturalization Requirement of Good Moral Character
U.S. Citizenship and Immigration Services expanded its policy guidance (PDF, 290 KB) regarding unlawful acts that may prevent an applicant from meeting the good moral character (GMC) requirement for naturalization.
PERM Processing Times (as of 10/31/2019)
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Green Card
Immigration Law
Dec 12, 2019 Recording of Free Community Conference Call (Every Other Thursday)
Immigration.com
Citizenship and Naturalization
Green Card
Substantial transcription for video
Discussion Topics, Thursday, December 12, 2019
FAQ: Change in green card job responsibilities and/or job title during the process || Variation in H-1B job approved and actually performed || How far ahead of job or petition start date can I apply for H-1B visa stamping? || Parents’ birth certificates || Must we maintain H-1 or L-1 status while I-485 is pending? || Consequences of losing my job on H-1B and revocation of I-140 || Does withdrawing a timely filed application/petition with the USCIS lead to unlawful presence? ||
OTHER: Naturalization interview canceled || Expediting I-485 || Risks of changing jobs while I-485 is pending -- AC21 || Traveling while H-1B extension is pending || Discrepancy in names || Applying for green card for parents, etc. || Visas for same-sex partners from countries where such marriage is not allowed || H-1B for small companies, etc.
Visa Bulletin - January 2020
Visa Bulletin For January 2020
Number 37
Volume X
Washington, D.C
Agency
Green Card
Immigration Law
Change in green card job responsibilities and/or job title during the process
Question details
I'm working in an organization since December 2009. When my green card was filed in January 2016 my job title was "Senior Engineer", and the roles and responsibilities included following -
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· Generally someone with industry knowledge and/or software knowledge
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· SME in multiple areas
· Able to assist in even more areas
· Able to work without management intervention
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My I-140 is approved, and Priority Date is January 2016. I'm due for promotion to the job title "Consultant", and the roles and responsibilities would be following -
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· SME in a lot of areas
· Able to work in any area
· Able to talk accurately about the whole product whenever and wherever regardless of audience
· “Manager” on the floor, a mentor to “all” that need help, trusted adviser
· The one that the Engineer level people go to and want to be
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My Manager and HR mentioned that they will have to file amendment for change in roles and responsibilities that matches with new title. They are concerned about filing amendment, and they mentioned that they are seeing less than 50/50 success rate and there is high risk involved in changing title as my green card might get declined.
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I'm very surprised that changing only couple of responsibilities can jeopardize my green card processing, and I'm also finding it unbelievable that I can't get any promotion within same organization till my GC is approved, which could be another 10-15 years.
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I thought since green card is filed for the future position, so there should not be much risk involved in filing amendment. I've seen many of my friends and family getting promotions within same organization after their green card process started. Since I'll be working in same organization and same team, and there is no drastic change in roles and responsibilities, so do we still have to file amendment? Can the amendment be filed later with I-485, or is it better to go back to old job without filing amendment?
FAQ 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.
Rajiv's News Clips - US Senators say no voting on S-386 Bill as of now
Published by : ETtech From the Economic Times - Article by: Priyanka Sangani - Date: December 20, 2019
Quotes and Excerpts from Rajiv on the article:
Update on Travel by Temporary Protected Status Beneficiaries In Removal Proceedings
U.S. Citizenship and Immigration Services is updating the USCIS Policy Manual to clarify the effect of travel outside the United States by Temporary Protected Status (TPS) beneficiaries who are subject to removal proceedings.
Proposal on H-1B Visa and Green Card Fee Hike
As stated by "Indian Express" :
A proposal that will hit Indian IT companies the most, US software giant Microsoft Corporation has suggested a whopping fee of USD 10,000 (over Rs 5 lakh) for a new category of H-1B visas and USD 15,000 (more than Rs 7.5 lakh) for permanent residency or Green card.
This could raise a huge USD5 billion over a decade, it said.
USCIS Announces Extension of Temporary Protected Status for Haiti
Secretary of Homeland Security Janet Napolitano has extended Haiti’s Temporary Protected Status (TPS). Next week, the Department of Homeland Security will publish a notice in the Federal Register announcing this decision.
The Federal Register notice will provide additional guidance on:
DOL Issues Prevailing Wage Update for H-2B
The Department, in anticipation of the enactment of H.J.Res 117, which prohibits the Department from expending funds to implement the 2011 H-2B Wage Rule for the duration of that Continuing Resolution, will publish in the Federal Register a Final Rule extending the effective date of the 2011 Wage Rule to March 27, 2013.The Final Rule is posted on the Federal Register's web site September 28, 2012 and it is accessible here.
DOL Releases FY 2012 Selected Statistics by Program
The Office of Foreign Labor Certification has posted updated program factsheets containing the FY 2012 selected statistics for the:
My interview and oath experience. (Same day - Thursday)
Myself and my husband had our interview yesterday in Atlanta USCIS office (2nd floor). Appointment for both of us was at 9:45 am. We were there about 30 mins early and submitted our interview letters at the counter and waited. The waiting area was crowded.
I-131 (Reentry Permit) and N-470 FAQ
Avoid Immigration Scams - USCIS
Are you getting the right immigration help?
Many people offer help with immigration services. Unfortunately, not all are authorized to do so. While many of these unauthorized practitioners mean well, all too many of them are out to rip you off. This is against the law and may be considered an immigration services scam.
State Department Releases FAQ on DS-260 Immigrant Visa Electronic Application
- DOS FAQs on the DS-260 form, the online application for immigrant visa applicants.
Locating A Long-Pending I-485 Application and Priority Dates
Question details
1.How can I locate a long-pending I-485 application that has been transferred multiple times and appears to be “lost”?
2.When the priority date is going to become current for an individual with a long-pending I-485 application, is it advisable to send an advance email to USCIS?
1. According to USCIS, if you have an old I-485 that has been transferred multiple time and you do not know where the case is, you should call USCIS. It is advisable to follow up in case no useful answer is forthcoming. USCIS aims to keep close control over its case inventory and tracks cases to make sure all the parts stay together and get adjudicated together.
It is also important for the attorney of record (using Form G-28) and the applicant (using Form AR-11) to keep USCIS apprised of any changes of address.
DS-260 Worldwide Deployment
Effective September 1, 2013, the DS-260 Immigrant Visa Electronic Application and the DS-261 (Choice of Address and Agent) will replace the paper based DS-230 Application for Immigrant Visa and Alien Registration (parts I and II) and the DS-3032 (Choice of Address and Agent). This message describes the timeline for deployment and provides guidance to posts.
For more information please read the telegram attached.
Radio Show 2013, September 4
Nonimmigrant Visas
Immigration Law
Ability to Pay
Question details
1. Is submitting consolidated returns and audited financial statements for a parent company and its wholly owned subsidiaries sufficient to meet the burden of proof for establishing the company’s ability to pay by a preponderance of the evidence?
2. Where an employee who is the beneficiary of an approved I-140 and is eligible for AC-21 portability ports to a new employer in the same or similar occupation, must the new employer demonstrate the ability to pay the proffered wage from the date of portability?
3. When adjudicating I-485 applications for portability-eligible individuals where the petitioning employer is no longer in business, does USCIS require the subsequent employer to satisfy both the ability-to-pay requirement and the bona fide offer of employment requirement from the date of the employee’s subsequent hire through the approval of adjustment of status?
4. Why are prorated net assets not sufficient evidence to support ability to pay?
5. Why is the Yates Memo not applied if a beneficiary’s W-2 indicates that the actual wage paid to him/her is at least as much as the beneficiary’s proffered wage for the prorated period?
1. USCIS says that it evaluates each consolidated financial statement on a caseby-case basis under the preponderance of evidence standard to determine whether the petitioner has the ability to pay the proffered wage.
2. USCIS says that, in this situation, the new employer is not obligated to demonstrate the ability to pay from the date of portability.
Process After Getting Immigrant Visa
Question details
My mother is currently in the US. She entered based on the Immigration Visa on her passport and gave the sealed packet at the port of entry. We went to to the SSN office but were told that we need to wait for the SSN to come (via mail? - they had no clue). She wants to leave in the next few weeks. Questions:
1. Can she reenter without a physical GC in hand? She was told it takes 6-8 months to come at port of entry.
2. How do we get her SSN? Is it mailed automatically?
3. What else should I be aware of before she leaves the US?
Make an infopass appointment and get her passport stamped for temporary proof of green card. She can travel with that. Normally, the physical GC takes just a few weeks. I am not concerned about SSN. That will arrive eventually. But do review my blog videos about I-131 and maintaining green card, etc.
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