USCIS recently updated the following form(s):
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.
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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.
Number 37
Volume X
Washington, D.C
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 -
<br>
· Generally someone with industry knowledge and/or software knowledge
<br>
· SME in multiple areas
· Able to assist in even more areas
· Able to work without management intervention
<br>
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
<br>
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.
<br>
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?
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.
Published by : ETtech From the Economic Times - Article by: Priyanka Sangani - Date: December 20, 2019
Quotes and Excerpts from Rajiv on the article:
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.
I am reporting here comments from and my responses to a member of our community, "Julissa," regarding whether or how she could apply for a green card herself if she has a Master's degree. Do note, if a set of new immigration laws gets passed, all this could change.
Amazing team to work with. They are always ready for help and very quick in responding any questions. Very detail orientated and knowledgeable people to work with.
Very happy & satisfied with the service provided by Law office of Rajiv Khanna. Rajiv Khanna is very knowledgeable & well experienced with immigration.
USCIS reminds all approved EB-5 regional centers with a designation letter dated on or before Sept.
PERM Processing Times (as of 12/02/2014)
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 |
Ever wondered to find an immigration attorney who not only takes interest in working with you saving your time but also knows the current immigration landscape. This is exactly how I feel about working with Rajiv and Diane they are masters in what they do they’re sincere well-versed with the current immigration landscape in the US. I could not thank them enough for the thorough analysis and guidance Through the EB1 one green card process. Also big kudos to Marty for all the work you do!! This is actually a dream team. God bless.