NPWC Processing Times (as of 12/02/2014)
Processing Queue |
Processing Queue |
Discussing change in job titles/duties during green card process, PERM EB-2 with foreign degrees, Obama’s executive immigration action, FOIA request if we don’t have I-140 copies, J-1 physician in waiver job applying for AOS/1-485, Error by USCIS giving time beyond 6 years on H-1, Work for old employer when new H-1 transfer approved, etc.
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I have I-140 approved with title business systems analyst. Promoted to director in the same job profile , H-1B amended to reflect the title but no new PERM filed as was explained by my lawyer that it is OK to have some career progression and more than 50% of job duties are same as old job. Now we are going to go through another re-org and probably I may not have the same title but senior business systems analyst . What are the steps<br>
1. Do we need to file new perm or wait for the new law and apply H-1B reflecting the new title<br>
2. Apply for EAD on the basis of existing I-140 approved as business systems analyst.<br>
Please advice..
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
I am a physician completing my J-1 waiver ( on H-1B now in US, waiver will finish by June 2015). My wife became a U.S. citizen few months ago and she has filed I-130 for me. If I-130 is approved, do I have to wait till June 2015 to apply for adjustment of status or can I apply sooner ? If I have to wait till June to apply for I-485, will I be able to get EAD right away or will I need to be on H-1 for a while I-485 is accepted ?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://www.youtube.com/watch?v=3YV-qIlAEpI#t=1320
FAQ Transcript
Error in last H-1B extension- now I-140 approved and I have been working on H-1B since 2005. In between, I changed to -F1 and also spent time outside USA. Cumulatively, I would have completed six years of working on H-1B by March 30 2015, after excluding stays in USA on non-H-1B status and stays out of USA.I changed my job in Feb 2014 and have been working with this employer since then. At the time of change, the current employer filed for a H-1B petition and requested an extension for three years – from Jan-2014 until Jan 2017, even though, if I added up all the time of work on H-1B visa in USA, I would have completed six years by March 30 2015.
My I-140 has been approved this month. Now I do not know whether my employer should file for an extension of H-1B (assuming that without the I-140 approval, I was allowed to work until I completed six years of H-1B in USA) or not file for H-1B extension, because, the last extension is valid until Jan 2017.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://www.youtube.com/watch?v=3YV-qIlAEpI#t=1831
FAQ Transcript
What happens is sometimes, USCIS by mistake gives you more time than you are entitled soon for your H-1. Let's say your 6 years is getting over in one year and they give you 2 or 3 years by mistake.
Can you use that time?
I have a question on H-1B. I have an approved I-140 from company B and I'm currently working for company A on H-1B( valid till February 2015). Company B applied for H-1B transfer and also 3 year extension based on approved I-140.
I'm expecting H-1B transfer process to be over by 10th Dec 2014( as it was a filed under premium processing ) but I would like to join them only after Jan 1st 2015. In the meantime I would like to continue to work for company B till Dec 31st 2014. My question is how long can I continue to work for company A after successful transfer of visa (H-1B) to company B ?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://www.youtube.com/watch?v=3YV-qIlAEpI#t=2372
Effective December 8, 2014, the Department is no longer issuing prevailing wage determinations in the H-2B program based on employer provided wage surveys. This action is in response to the Court order entered December 5, 2014 in Comite de Apoyo a los Trabajadores Agricolas et al v. Solis, No. 14-3557 (3rd Cir.).
AAO Processing Times as of December 1, 2014 |
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Form Number |
Case Type |
Time |
I-129CW | CNMI-Only Nonimmigrant Transitional Worker | 6 months or less |
I-129F |
Number 76
Volume IX
Washington, D.C
U.S. Citizenship and Immigration Services (USCIS) has approved the statutory maximum of 10,000 petitions for U-1 nonimmigrant status (U visas) for fiscal year 2015. This marks the sixth straight year that USCIS has reached the statutory maximum since it began issuing U visas in 2008.
USCIS and the Department of Homeland Security, in consultation with the Department of State, has added the Czech Republic, Denmark, Madagascar, Portugal, and Sweden to the list of countries whose nationals are eligible to participate in the H-2A and H-2B Visa programs for the coming year. The notice listing the 68 eligible countries published on Dec. 16, 2014 in the Federal Register.
My wife and I petitioned to adjust her status and shortly before our travel date we received an advance parole document in the wrong name. Rajiv graciously assisted us in handling the situation so we can travel to Korea for a wedding ceremony since her family did not attend our American ceremony. As an attorney myself, I knew the importance of finding someone with experience who can help guide his client -- Rajiv Khanna is very much such an attorney. I wish I had retained him earlier in the process.
WASHINGTON—U.S. Customs and Border Protection (CBP) today launched the Border Wait Time app making it easier for travelers to plan their trip across the border. The app provides estimated wait times and open lane status at land ports of entry allowing travelers to make an informed decision of where and when to cross the border. Wait times for pedestrian and passenger and commercial vehicle crossings are broken down by lane type (standard, SENTRI, NEXUS, FAST, Ready Lane, etc.). Travelers can download the app for free from Apple’s App Store and Google Play.
U.S. Citizenship and Immigration Services (USCIS) is providing an email address for state juvenile courts and child welfare agencies to submit general questions about the Special Immigrant Juvenile (SIJ) program. You can also submit requests for a USCIS representative to talk to your organization about the program. The address is: USCIS-IGAOutreach@uscis.dhs.gov.
We discussed: Working concurrently with H-1 cap exempt and quota employers, immigration issues if we have a special needs (cerebral palsy) child, applied B-2 to main status while F-1 is expiring, Section 245(k) and illegal work, DETAILED DISCUSSION OF I-140 REVOCATION IMPLICATIONS INCLUDING AC21, impact on H-1 of reentry on advance parole, Section 13 green card for diplomats, who can co-sponsor affidavit of support I-864, proving cross chargeability, transfer of priority dates for a future job approval
The Department has published a notice in the Federal Register announcing new Adverse Effect Wage Rates (AEWRs) for each state, based on the Farm Labor Survey conducted by the U.S. Department of Agriculture. The AEWRs are the minimum hourly wage rates the Department has determined must be offered and paid by employers to H-2A workers and workers in corresponding employment for a particular agricultural job and area, so that the wages of similarly employed U.S. workers will not be adversely affected.
Pursuant to REAL ID regulations, beginning December 1, 2014, federal agencies may not accept State-issued driver's licenses or identification cards for official purposes from individuals born after December 1, 1964, unless the license or card is REAL ID-compliant and was issued by a compliant State as determined by DHS.
U.S. Customs and Border Protection (CBP) started implementing the automated version of Form I-94, Arrival/Departure Record, at air and sea ports of entry and will by week’s end include Charlotte Douglas International Airport in North Carolina, Orlando International Airport in Florida, McCarran International Airport in Las Vegas, Chicago O’Hare International Airport, Miami International Airport and George Bush Intercontinental Airport in Houston. Implementation will continue across the nation through May 21, to include air and sea ports of entry that support international arrivals.
Question 1:
The husband has a company. Wife and husband are both U.S. citizens, and they want to get her brother over to the United States on some kind of a work related visa. Assuming the husband’s company is small and the brother is professionally qualified can they get him through the husband’s company.
Answer will depend on qualifications of the brother, and what sort of a company that her spouse has. For example: Is the company large or small? How many employees? How long has the company been in business? What kind of work do they do? Does the company have any branches outside of the U.S.?
Answer: If the company's business and the brother’s qualifications are both professionally oriented we could seriously think about an H-1 Visa. If there is a branch outside the U.S., then we could get the brother employed outside the U.S. and think about an L-1 Visa in a year. Also under the new laws, as they are being considered, we should be able to have more options than what I have just discussed. So I am right now I am examining the matter only under the current scheme of laws, and H-1 and L-1 are two obvious options. Of course I am assuming that everybody here is an India born citizen of India because if you are citizen of another country you might have other options like E visa, etc. So bearing this in mind, there are some assumptions I am making and I am also clarifying that I am looking at the current schemes of the laws. Future schemes of the laws might be different and might be much more beneficial for us.
Question 2:
What is the chance of an L-1A Visa holder with nine years of experience qualifying for EB1 category. Can I apply for a Green Card for myself in the EB1 category?
There are three kinds of EB-1's. Let’s start with the EB1 category that is the easiest to understand.
1. Outstanding researchers or professors - given the designation of EB-1-2 or EB-1B.
Under EB-1, the second category is outstanding researchers or professors. Basically we are looking for people who are highly qualified in their own field and there are certain criteria. Look at our website for more information.
http://www.immigration.com/greencard/employment-based-green-cards/emplo…
So one category is for outstanding researchers or professors, for which you need a research or professorial position.
Then there is another category EB-1C or EB-1-3 category for international executives and/or managers. People who are on L-1A can pretty much qualify for EB-1C category. This is another great category.
Then there is the first category, extraordinary ability aliens. This is not for everyone. Here we are looking for sustained national or international recognition. Somebody who is hailed as a leader in their business For example, Bill Gates would qualify, but Rajiv S. Khanna would almost certainly not qualify. So we are looking for people who are nationally and internationally recognized.
So the question asked was can I do it on my own out of these three categories. The only one in which you can apply on your own is the first category EB-1A, which is extraordinary ability aliens. You are nationally or internationally recognized, and you have articles written about you and have international awards. Again there is a list of criteria and you have to meet three out of the ten listed criteria or similar. All this information is on our website as well.
http://www.immigration.com/greencard/eb1-green-card/eb-1-extraordinary-…-
In your situation the best option is to apply for EB-1C if you can get your employer to apply for you since you are already on L-1A getting a EBC green card is absolutely perfect choice and you got your Green Card within a year. EB1 is the fastest way of getting our Green Card.
I would like to extend my warmest thanks to Mr. Rajiv S. Khanna and his team for the professional and through work they have done for our company regarding immigration issues in the USA.
The team has ensured that all needed details were collected in a pleasant and orderly manner; and have produced an organized and coherent document.
I appreciate your attention to detail and relentless determination to convey quality service on time.
The extra time and effort you put in didn’t go unnoticed, We will certainly send any future queries requiring immigration issues to your office.
It is a true pleasure for me to work with such dedicated colleagues.
Warm Regards,
Efi Haber Naor
Efi Haber ● VP HR and Infrastructure
Mobile +972-54-2555530 ● Tel +972-3-7679015 ● Main +972-3-7679000 ● Email efih@medinol.com
Kiryat Atidim, Building 8, 35th floor, Tel Aviv 6158101, Israel ● www.medinol.com
8 Campus Drive, Parsippany, NJ 07054