PERM Processing Times (as of 03/04/2013)
According to DOL updates as of 03/04/2013, they are working on PERM application filed in the following months:
Analyst Reviews : November 14, 2012
According to DOL updates as of 03/04/2013, they are working on PERM application filed in the following months:
Analyst Reviews : November 14, 2012
The Yearbook of Immigration Statistics is a compendium of tables that provides data on foreign nationals who, during a fiscal year, were granted lawful permanent residence (i.e., admitted as immigrants or became legal permanent
The H-1B Program
Be advised: Premium processing for cap-subject H-1B petitions will begin on April 15, 2013. See the Premium Processing section for more details.
We filed an EB-2 I-140 Petition for a petitioner corporation and a beneficiary Senior Systems Analyst. The USCIS sent us a Request for Evidence (RFE), requesting information proving that the petitioner would be in an employer/employee relationship with the beneficiary and that the petitioner had the ability to pay the proffered wages for all of the beneficiaries for whom it had petitioned.
We filed a lengthy response with nearly forty exhibits. The petition was approved less than three weeks later.
I possess a US Master's Degree in Computer Science and also worked in the US for 7 yrs, 6 of them on H-1 which expired on May 31, 2012. I have since been in India and will complete 12 months of physical presence outside the US in early June 2013. I do have an employer ready to petition on my behalf on April 1st but could you please help shed some light on:
1. Given my past H-1 stay in US, am I subject to either cap of 65,000 or 20,000? If neither, can petition be filed anytime of year after 4/1? Since 12 mos. of physical stay in India will complete in June, can petition be filed on April 1st?
2. Does 12 month rule of physical stay outside the US apply if my current employer were to petition an L-1?
1. You will be subject to quota and USCIS will not accept the filing until one year is over.
2. Being outside for one year does give a fresh start on the L-1 times as well. And, L-1 are not subject to quota.
[Federal Register Volume 78, Number 60 (Thursday, March 28, 2013)]
[Notices]
[Pages 19019-19021]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-07201]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Employment and Training Administration
USCIS, measures success by how well USCIS reinforces the country’s proud tradition as a nation of hope and opportunity, uphold the integrity of the immigration system, and safeguard the nation’s security.
The accomplishments at USCIS would not be possible without exceptional workforce. The collective ingenuity, professionalism, and dedication of USCIS employees propel the agency to greater success year after year.
USCIS notes that naturalization may be denied in the exercise of discretion if an applicant fails to file required tax returns or owes back taxes. Assuming no other negative factors, under what circumstances will USCIS deny an application for naturalization in an exercise of discretion for lack of good moral character where the applicant has filed all required taxes correctly, has a tax debt, has come to a formal agreement with the IRS or other tax authority to repay the taxes owed, and is paying off the debt?
USCIS instructs officers to accept proof that regular tax payments are being made. USCIS says that all N-400 cases involving an outstanding tax debt will be reviewed on a case-by-case basis, looking at the totality of circumstances.
Assuming no other negative factors, under what circumstances will an application for naturalization be denied for lack of good moral character if USCIS determines that an applicant received benefits for which he or she was not entitled? What if the applicant pays back or is paying back the amount owed? Does it matter the extent to which the benefits were received fraudulently (with intent) vs. inadvertently/unknowingly?
USCIS says that these situations are reviewed on a case-by-case basis looking at all of the factors in the case and that intent would certainly be a factor to consider.
Assuming all other criteria are met, under what circumstances will an application for naturalization be denied where the applicant passed the English test and responded meaningfully to all interview questions, but allegedly does not understand the oath of allegiance? Please provide examples, if possible.
USCIS says that applicants for naturalization are required to demonstrate an ability to read, write, speak,and understand English. The ability to read and write English is determined byadministering the reading and writing tests to the applicant. An applicant’s ability to understand and speak English is determined by the applicant’s ability to understand and speak English during the interview. This includes responding to all questions on the application including unde
Should applicants provide proof of speeding tickets during an N-400 interview?
Applicant should try to provide proof of the ticket and proof of payment of any fine or additional penalties for any tickets over the past five years.
Release Date
On Aug. 19, the U.S. Department of Education (ED) announced that it no longer recognizes the Accrediting Council for Independent Colleges and Schools (ACICS) as an accrediting agency. This determination immediately affects two immigration-related student programs:
My parents who are green card holders applied for the i-131 travel document in Sept 2021. They finished their biometrics in Oct 2021 and left the USA on Nov,14th 2021.
There has not been an update to the case after the biometrics. Do they need to return to the US by Nov 14th, 2022? Or can they wait till the I-131 application is processed before returning to the US?
If they can come back before November I think that would be a good idea just to be safe.There is no guarantee that the reentry permit will be approved, although it is very rare for reentry permits to be denied at least for the first two years.
---------------------------------------
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
I am currently on STEM Extension and my visa expires in July 2023. I also have a masters degree here in the states. I wanted to know what my options are..
If the suggestion is Day-1 CPT, I wanted to know how safe/legit it is! I have heard that going on Day-1 CPT can cause some issues when your H1 gets picked and may lead to RFE?
It is legal and so far it has been safe. You know that the rule for Day 1 CPT requires that when you join, you are associating with a graduate program otherwise you cannot get a Day 1 CPT. The Curricular Practical Training is an integral part of your degree. You cannot finish the degree without the practical training. The other thing is the employer signs the cooperative agreement with the university. The only additional suggestion I have is if you are going to do Curricular Practical Training make it as an adjunct to your profession.
For more information please check my blog.
https://immigration.com/blogs/curricular-practical-training-cpt
---------------------------------------
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
I have worked in the U.S. under L-1\H-1B from June-2015 to March-2020. I have been in India since the last 2 and half years (Not working for any US based company). Now I have got Job offer from a US company and the H-1B I-797 petition is approved. I have a previous employer's H-1B Visa stamp (which expired last month) in my current passport, and B1/B2 Visa stamp(got in 2013 and valid till Sep-2023) in my older passport. I also have approved I-140 (EB2) from my previous employer.
My Question is due to the high wait time for Visa appointments, in worst case, if I can not secure a visa appointment anywhere close to joining date, can I travel to the US with a valid B-1/B-2 Visa and approved I-797 and later change status to H-1B and join the job? If yes, would it impact the GC process in future?
I would strongly recommend against it. I think you would do a lot better trying to get an H-1B Visa stamping in a third country. People are going to places like Singapore, Hong Kong and Maldives. Look around India and you might be able to make an appointment.
---------------------------------------
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
1. My I-485 was filed in August 2022. Priority Date: 2014. Lost a job. H-1B withdrawn and offer is canceled. Current H-1B remaining till January 2023. If I-485 is denied do I have to leave the country? Can I work for the remaining 5 months?
2. After retrogression, can I transfer H-1B?
1. You can finish your H-1B term.
2. I don't see why not.
---------------------------------------
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
I am in the 1st year of my 2-year STEM OPT after completing Bachelors Degree. Can I do another set of OPT + 2 year STEM OPT if I complete my Masters Degree? Does the Masters also have to be in STEM field to utilize the post Masters OPT+2 year STEM OPT?
You can get a STEM OPT extension twice in one academic life cycle. Even if you did a STEM degree and never used stem opt extension you should be able to reuse it.
---------------------------------------
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
I would highly appreciate it if you could share any insights for my case. I hold H-1B working for MNC in Seattle, USA. I applied for Canada PR and it was confirmed. I will travel by car to Vancouver Canada and work in Canada remotely with a Canadian house address. At the same time I want to maintain my H1B visa. Is that possible and how? I got to know H1B is valid as long as we work on US soil.
Sure, but maintaining an H-1B simply means that your H-1B is not destroyed just because you are not working here all the time. Also remember that you can recapture the time spent outside.
For more on this topic please visit my author page.
https://economictimes.indiatimes.com/etreporter/author-rajiv-khanna-479254772.cms
---------------------------------------
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Would there be any issues with parents reentering the country after filing for GC application? Say the parents entered the US on a B1/B2 visa but applied for GC while they were visiting (not for the first time). They were going to file for it once they were back in the home country anyway, but decided to submit the application now than at a later date due to some health situation that came up during the visit.
Are there chances of the application being denied/or will the parents not be allowed to reenter the country because there have been some medical emergency that happened during the visit? Should those factors need to be addressed before exiting the country before the 6 months stay time is up? And would it still be a problem if that has been addressed with the provider, given it will all be in the history file now? Would there be some state assistance that anyone can get some help with in terms of financial and patient well-being and all?
I have known many immediate relatives of the U.S citizens and they have never had a problem. However, theoretically the problem exists. It would be right to do an immigration pre-clearance somewhere close to home.
Regarding your query on medical emergencies, you could tell them that your parents took the medical treatment. As long as there was no government funding I do not see any problem.
---------------------------------------
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
My uncle has been a US Permanent Resident since Apr 2021, and recently he got into trouble with Shoplifting Theft (Misdemeanor B). The prosecutor is ready to lower the punishment to Misdemeanor class C theft along with 6 months of unsupervised deferred probation (fine of 99$) with NO CONVICTION. Also, after 2 years, he will have the option for the case to be expunged from the records.
Question: Will this create a legal problem with his current immigration status (LPR), and also, will he face issues after 4-5 years when he is ready to apply for his US citizenship considering the case has been expunged from the records?
These cases do not worry me much as it looks like a minor offense. Although I recommend you speak with a lawyer who practices deportation defense in the state in which the crime occurred. They would know the local criminal statutes. Also remember expungement has no meaning under immigration law. Even if your record gets expunged and if there is ever a question as to your arrest you have to say yes, because the expungement under immigration law has no meaning.
---------------------------------------
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Can an H-1 VISA (Resident tax alien without a green card) Holder set up an LLC in the USA? If yes, can his spouse on H-4 VISA with EAD work in that LLC?
The problem with H-1Bs is that you cannot be working for any other company including your own. The smart thing would be to let your wife start her own business. She can manage, run and own the business. You could be a passive owner without any active participation.
---------------------------------------
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
While the process of application to adjustment of status for my mother-in-law was in progress, (sponsored by my husband, a US citizen), my FIL and MIL came to India for a personal reason and there my FIL got into a medical emergency. My mother-in-law's finger print got rejected and they wanted conduct certificate for last 5 years wherever she lived. Now she is not in a position to travel to US until my FIL health gets stable, but we didn't know how to get the conduct certificate from US without her. That's where Mr. Khanna suggested I contact a congressman of our district and explain him the situation so that he will be able to solve the issue by talking to Immigration officers. This was definitely a helpful suggestion. I am yet to contact the congressman. Will let you know the results soon. Thank you very much for Khanna and his team for doing this great service free of cost.