Beginning Friday, May 1, 2015 USCIS will accept only the new version (edition date: 10/23/14) of Form I-129, Petition for a Nonimmigrant Worker. The edition date is printed at the bottom of every page. We will reject previous editions of this form if you submit them on or after May 1.
USCIS issued the new version in January and have continued to accept old versions during the transition period, which ends Thursday, April 30.
In response to recent court decisions that have created significant uncertainty around the H-2B temporary foreign nonagricultural worker program, the U.S. Departments of Labor and Homeland Security today announced an interim final rule to reinstate and make improvements to the program and a final rule to establish the prevailing wage methodology for that program.
1.Can we own our business?
2. Do we have to run own payroll?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/3Heaadpk1Ik?t=933
FAQ Transcript:
1. Yes you can.
2. You do not.
Radio show April 28, 2015:
Question1: My spouse is on H-1 visa and his former employer filed I-140 and then my spouse changed his employment to another employer and transferred his H-1, the I-140 has not been revoked by former employer. So my H-4 is with the former employer valid for three years, and current employer for my spouse has not filed H-1 for me. Is the H-4 from the former employer valid for file EAD or do I have to apply for H-4 again and what would be the documents that would I need to file H-4 EAD ?
Answer: Every time the H-1 holder changes job, the H-4 holder does not need to re -apply for H-4. Your H-4 is good. You don't have to have different H-4 for the employer. Of course, every time the H-1 holders change their job they have apply for new H-1 but as long as you never violated status and H-1 holder has never violated status that H-4 continued to be good from job to job to job, you are good.
Your second question was what document need to file H-4 EAD?
Answer is we don't know yet. When the instructions for the new form I- 765 come out along with the form I-765 they will tell you exactly what you need to submit . I suspect probably marriage certificate along with evidence of couple of last pay stubs of your husband's, copy of H-1 receipt and a copy of your H-4 receipt or approval or visa stamped. That typically they should be looking for. But I don't have any basis for saying, this is just my guess.
Question 2: I got my H-1B petition approved last year, it got extended as well. I have never used any of these visas to work in the U.S. though I have travelled few times to U.S. but on B-1 visa for meetings with the customers. So the question is when do I become exempt from the H-1 quota?
Answer : In your situation when you are outside the USA, you become exempt from the H-1 quota when you get your visa stamped. So I think USCIS interpretation of law is faulty and incorrect, because in my view as soon as H-1 is approved you should be exempt from the quota but USCIS has taken the position that unless you get the visa stamped from the consulate we will not consider you exempt if you are outside the USA. So it appears to me that you should be exempt from the quota.
Question 3. I just got my citizenship and now wants to apply for my younger sister, who is alone in India. I lost my parents few years back so she is all alone but she is above 18. Is there any way I as a brother and only relationship here in United States apply for her Green card in such a manner that she can be here in United States as soon as possible.
Answer: Siblings Green Card is like planting mango trees, in India we used to have saying that mango trees takes so long to bring fruit that one generation plants the tree and the second generation eats the mangoes. It's kind of that for sibling cases, it takes 13 years for the Green Card to come through and there is no way we can expedite that Green Card. However leaving the option of Green Card filing you could look at the things like sponsoring her for her student visa if she wants to study or if she is an professional or intent to be professional soon she can come on H-1 or L-1 visa, like other people do. f you have money you can gift her half a million or million dollar depending upon what kind of money you have that you can invest in her. So Investment visa could be an option but there is no way you can expedite sibling green Card.
Mr. Khanna's office has helped me through a difficult H1 transfer few years back and then helped me in filing and successfully getting my Green Card approved. Before working with Mr. Khanna's office I had worked with several immigration attorneys and was bitterly disappointed or scammed by all of them. It is extremely hard to find a competent and compassionate immigration attorney to navigate through the dizzing immigration laws. I highly recommend Mr. Khanna's office and his entire staff. They all have your best interest in mind. I am saying this after interacting with many of them over the years.
WASHINGTON—The Department of Homeland Security (DHS) today announced that the fiscal year (FY) 2013 limit for Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Workers (CW-1) is 15,000. The Consolidated Natural Resources Act of 2008 (CNRA) requires an annual reduction of the number of CW-1s, the nonimmigrant category for these transitional workers.
USCIS statistical information on Form I-526 immigrant petitions by alien entrepreneur and Form I-829 petitions by entrepreneur to remove conditions. The number of cases received, approved and denied by fiscal year from FY1991 to FY2012.
Please check attachment to view Statistics.
The Department has posted the first round of Frequently Asked Questions (FAQs) addressing the implementation of electronic filing in the H-2B and H-2A labor certification programs through the Department's iCERT Visa Portal System. The FAQs are largely based on questions received from participants in the four webinar training sessions conducted by the Office of Foreign Labor Certification, and are published to assist program users in navigating electronic filing in the H-2B and H-2A programs.
What kind of evidence is acceptable to show ability to pay wages in an I-140?
The regulations state that for ability to pay wages, USCIS will accept copies of annual reports, federal tax returns, or audited financial statements. If the employer has more than 100 workers, a statement from a financial officer of the organization can be submitted to establish the ability to pay the proffered wage.
If a Canadian does not have a Form I-94, does he not accrue unlawful presence until there is a finding that he violated the terms of his nonimmigrant alien status? Is the burden is on CBP to establish such a violation occurred?
U.S. Customs and Border Patrol (CBP) indicates that the mere fact that there is no I-94 does not determine whether or not an individual overstays. Moreover, an individual who is admitted as a B, but does not receive an I-94 either on the southern or northern border is in a legally materially different status than an individual who is admitted as duration of status.
If a Mexican B-1 truck driver has his/her B-1 Visa removed and cancelled by CBP for a Point-to-Point violation and wants to challenge that determination, whom should that person contact at CBP?
U.S. Customs and Border Patrol (CBP) indicates that a Mexican truck driver whose B-1 visa has been cancelled by CBP for a point-to-point violation will need to discuss the issue of the cancellation with the U.S. Consulate in Mexico.
1. If an alien is otherwise admissible as a B-2 visitor for pleasure, isn't it true that a CBP officer should not limit the admission of that alien to 180 days in a twelve-month period?
2. Assuming an individual is otherwise eligible for admission, isn't it true that eligibility for admission as a visitor is determined by the nature and expected duration of the intended activity in the U.S.?
3. What is the training that is given to CBP officers to reinforce that B-2 visitors may lawfully be admitted for an aggregate period in excess of 180 days in a twelve-month period?
1. U.S. Customs and Border Patrol (CBP) indicates that, if an alien applicant is otherwise admissible as a B-2 visitor, and passport validity requirements are met, the applicant can be issued more than one 180-day admission period in a 12-month period.
While previous presence in the U.S. is a relevant factor in determining whether an alien maintains a residence abroad that he or she has no intention of abandoning, isn't it true that inspecting CBP officers should not focus solely on the amount of time an individual has previously spent in the United States to determine eligibility for admission as a visitor?
U.S. Customs and Border Patrol (CBP) indicates that all nonimmigrant applicants seeking admission as B-2 visitors are required to satisfy the inspecting CBP Officer that they are entitled to the admission and classification that they seek, including proving that they maintain a foreign residence abroad that they have no intention of abandoning.
For a CBP port of entry, what is the procedure available to seek supervisory review of an officer’s refusal to admit a visitor due to the period of time he or she was previously present in the U.S.?
U.S. Customs and Border Patrol (CBP) indicates that, in instances in which an officer refuses to admit a visitor due to the period of time he/she was previously present in the U.S., the applicant can ask to speak to the Supervisory CBP Officer who is assigned to the area in which the inspection took place.
Isn't it true that a Mexican citizen with a valid TN visa may be admitted to the United States in TN status for up to three years, provided that the individual’s passport will remain valid throughout this period and the individual is otherwise admissible?
U.S. Customs and Border Patrol (CBP) indicates that a Mexican citizen with a valid TN visa, if otherwise admissible, may be admitted as a TN for up to three years, if applicable, provided that the applicant’s passport remains valid during the duration of that period of time.
Assuming that the Mexican citizen holds a passport that is valid for at least three years and that the alien is otherwise admissible, isn't it true that an employer’s letter or statement confirming that the employer intends to employ the alien for a temporary period of up to three years is sufficient to support admission for the requested period of time.
U.S. Customs and Border Patrol (CBP) indicates that this is true. A Mexican citizen TN nonimmigrant applicant for admission whose passport is valid for the requested admission period, and who is in possession of an employment letter confirming the employment period of up to 3 years, should be admitted for a 3-year admission period.
For a CBP port of entry, what is the procedure available to seek supervisory review of an officer’s refusal to admit a citizen of Mexico to the U.S. for the period of offered employment up to three years?
U.S. Customs and Border Patrol (CBP) indicates that, in instances in which an officer refuses to admit a TN applicant for the period of employment up to three years, the applicant can ask to speak to the Supervisory CBP Officer who is assigned to the area in which the inspection took place. If this does not occur, an inquiry with the Special Cases Office could be initiated in order to have the admission reviewed.
The following case is an example of USCIS blanket revocations based upon criminal convictions. Fortunately, USCIS did keep an open mind and permitted us to show the law and the facts in their proper light without having to go to the Court over this.
The following two cases demonstrate how USCIS, an "expert" agency, can misread immigration forms, causing unnecessary anxiety and expense for people.
Isn't it true that, in determining whether the offered job comes within a NAFTA covered occupation, CBP Officers must evaluate the job duties as described in the employer’s statement supporting the application for admission and that the job title alone does control the determination?
U.S.
Would an engineer with the job title of sales engineer or engineering manager be approved for TN classification if the job duties will require the application of engineering principles in support and promotion of technical products?
U.S. Customs and Border Patrol (CBP) indicates that, due to the fact that Sales Engineer or engineering manager is not among the professions listed in Appendix 1603.D.1, such an individual would not be approved for the TN classification.
K-1 visa holders are limited to a single entry. May a K-1 visa holder nevertheless take advantage of automatic visa revalidation?
Yes. U.S. Customs and Border Patrol (CBP) indicates that there is no law or regulation that precludes K-1 visa holders from benefiting from the automatic revalidation provision, provided all entry requirements and criteria are met, and their K-1 status has not changed since their initial K-1 admission.
Whom should we contact in the case of an erroneously issued I-94 cards, i.e., incorrect expiration date such as when the expiration date matches the visa expiration and not the I-797 approval notice? How do we reach this person? Which Ports-of-Entry (POE) may correct such a card?
U.S. Customs and Border Patrol (CBP) indicates that, if an I-94 has an error, any POE can correct. If I-94 expiration date is based on the limitation of the travel document (i.e. passport expiration date), then this is not an error that will be corrected.
If I am applying for concurrent employment on H-1, can I extend my status based on my new employment, or can it only be for the time I am already approved for?
You can extend your time, assuming that you would be otherwise eligible for an extension of status.
Immigration.com has been tremendous in my Green Card processing so far. Their professionalism and prompt approach has been very helpful.