Rajiv's Comments in the News
Date |
Newspaper |
Article Title |
|
Feb 08, 2020 |
Date |
Newspaper |
Article Title |
|
Feb 08, 2020 |
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | September 2019 |
| Audit Review | April 2019 |
| Reconsideration Request to the CO | July 2019 |
One of the biggest problems in transactions with the USCIS is uncertainty and inconsistency. We are often confronted with decisions that are contrary to long-standing policy and may even be illegal.
Number 38
Volume X
Washington, D.C
A. STATUTORY NUMBERS
This bulletin summarizes the availability of immigrant numbers during February for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.
U.S. Citizenship and Immigration Services (USCIS) and the Department of Homeland Security (DHS), in consultation with the Department of State (DOS), have announced the list of countries whose nationals are eligible to participate in the H-2A and H-2B visa programs in 2020. The notice listing the eligible countries will be published in the Federal Register on Jan. 17, 2020.
WASHINGTON— U.S. Citizenship and Immigration Services (USCIS) final fiscal year (FY) 2019 agency statistics are now available online. These statistics include naturalizations, green cards, employment authorizations and protected populations, among other categories.
recently updated the following USCIS form(s):
Update to Form I-129S, Nonimmigrant Petition Based on Blanket L Petition; New Edition Dated 11/08/19.
For more information, please visit Forms Updates page.
| Form Type | Case Type | Completed 0-180 Days | Quarterly Completions |
|---|---|---|---|
| Cumulative of all completions | 49.70% | 1827 | |
| I-129CW | CNMI-Only Nonimmigrant Transitional Worker | 100% | 3 |
| I-129E2 | CNMI Treaty Investor | 100% | 4 |
| I-129F | Petition for Fiancée | 62.22% | 45 |
| I-129H1B |
USCIS today announced (PDF) that, due to the Oct. 3, 2018, termination of the 1955 Treaty of Amity, Economic Relations, and Consular Rights with Iran, Iranian nationals are no longer eligible for E-1 treaty trader and E-2 treaty investor changes or extensions of status based on the treaty.
Published by : The Times Of India - Date: January 23, 2020
Quotes and Excerpts from Rajiv on the article:
Arlington based, Rajiv S. Khanna, Managing Attorney at Immigration.com views that the policy memo threatens not just a few H-1B cases but the very existence of several IT service and consulting companies, because of the atmosphere of high uncertainty of approval of H1B applications.
Discussion Topics, Thursday, January 23, 2020
FAQ: Tourist/Visitors visa for people with special needs or challenges || Risk for green card process in joining a small company, unfamiliar with immigration || Impact of 214(b) denial || Requirements for obtaining green card under EB-1C, International Managers and Executives ||
OTHER: NVC fees issues || USC relocating to India while green card petition for parents is pending || Is original I-140 approval required for priority date transfer? || Effect of subsequent H-1B, H-4 approval on current H-1B, H-4 case || Additional review of a pending I-140, delay || USCIS processing times estimate || 221(g) Administrative processing for H-1B visa || CSPA logistical problems || Carrying cash in and out of the USA || Incorrect DS-160 || List of cap exempt employers || Naturalization of children
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | September 2019 |
| Audit Review | April 2019 |
| Reconsideration Request to the CO | July 2019 |
WASHINGTON— U.S. Citizenship and Immigration Services announced a process change for Form I-526, Immigrant Petition by Alien Investor, from a first-in, first-out basis to a visa availability approach.
This new operational approach aligns with other visa-availability agency adjudications processes, is more consistent with congressional intent for the EB-5 Immigrant Investor Program, and increases fairness in the administration of the program.
U.S. Citizenship and Immigration Services announced updates to its Policy Manual that address mobile biometrics services and fingerprint waivers.
USCIS requires biometrics from individuals who submit applications, petitions, and requests for certain immigration benefits. USCIS uses biometrics to verify identity, produce secure documents, and conduct required criminal and national security background checks.
Mobile Biometrics Services
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) will implement the Inadmissibility on Public Charge Grounds final rule (“Final Rule”) on Feb. 24, 2020, except for in the State of Illinois where the rule remains enjoined by a federal court as of Jan. 30, 2020. Under the Final Rule, USCIS will look at the factors required under the law by Congress, like an alien’s age, health, income, education and skills, among others, in order to determine whether the alien is likely at any time to become a public charge.
WASHINGTON—U.S. Citizenship and Immigration Services announced that it has completed a successful pilot testing phase and is implementing the registration process in the next H-1B lottery. Employers seeking to file H-1B cap-subject petitions for the fiscal year 2021 cap, including those eligible for the advanced degree exemption, must first electronically register and pay the associated $10 H-1B registration fee.
Published by : ETtech From the Economic Times - Date: January 03, 2020
Quotes and Excerpts from Rajiv on the article:
“There is more than a little apprehension that the process could be muddled up because of technological or workflow errors made by the government,” said Rajiv S Khanna, Managing Attorney at Immigration.com.
For more on this news please see the attachment.
Please click on the link for the updated PERM Processing Times.
| Form Type | Case Type | Completed 0-180 Days | Quarterly Completions |
|---|---|---|---|
| Cumulative total of all completions |
84.0% |
1,352 |
|
| I-129CW | Petition for CNMI Nonimmigrant Transitional Worker |
100.0% |
1 |
| I-129F | Petition for Fiancée |
88.6% |
USCIS recently updated the following forms:
Form N-648, Medical Certification for Disability Exceptions
09/25/2024 12:11 PM EDT
Edition Date: 09/25/24. Starting Jan. 6, 2025, USCIS will accept only the 09/25/24 edition. Until then, you can also use the 08/19/22 edition. You can find the edition date at the bottom of the page on the form and instructions.
Form I-407, Record of Abandonment of Lawful Permanent Resident Status
09/25/2024 10:40 AM EDT
My I-485 was pending for 9 months (concurrent filing), and I worked all these years (4 years) with my sponsoring employer. My I-140 was approved 4 months ago, and I received EAD and AP as well. At the end of 8 months, I resigned from my employer to take advantage of AC21 (moving to a similar position) and was on notice period. My new employer was ready to file I-485J when asked by USCIS. During my last working week with my sponsoring employer, my 485 got approved, and I received my GC. Can you please advise on what kind of documentation I need to get from my new employer to help with any future naturalization process since I can't file I-485J as my case has been approved?
To ensure compliance and maintain proper documentation, I recommend gathering your proof of employment with the sponsoring employer when your green card was approved. It's important to request written confirmation from your new employer showing they were prepared to file Supplement J before your transition. Keep any prepared Form I-485 Supplement J documentation, even if it wasn't filed due to the timing of your green card approval. Additionally, maintain detailed job descriptions from both positions to demonstrate they were "same or similar" positions as required by immigration law. Store all these documents securely for the long term, as you may need them during the naturalization process to verify compliance. This documentation will help protect you and demonstrate that you followed proper procedures during your employment transition, even though the green card approval occurred before Form I-485 Supplement J could be filed.