How much time does USCIS take to respond after the response to a RFE has been submitted?
If the petition was filed under premium processing, the 15-day clock will restart when the response is received by USCIS. If the petition was filed under regular processing, it generally takes two to six months for USCIS to respond.
I have an H-1B Approval Notice that is valid until next year.I have been working with my present employer for two years, but have found a position with a different company. Can my H-1B approval be transferred to this new company?
It is possible to apply for an H-1 transfer with USCIS, provided the H-1 holder is maintaining legal status and fulfills all the requirements.
Media Note
Office of the Spokesperson Washington, DC
August 7, 2013
Last week, Secretary of State John Kerry announced that the Department of State would begin processing visas for same-sex couples in the same manner that it considers applications for opposite-sex spouses. On Thursday, August 8 at 1 p.m. EDT, the Department will host a Google+ Hangout to discuss what these new guidelines mean for both immigrant and nonimmigrant visa applicants.
Mr Khanna and his team is great and they work very hard for all clients. I really appreciate them. Lekhraj Ahuja
SCIS recently began transferring some casework within the service centers to balance workload processing capacity. The affected casework includes the following forms:
According to BIA a spouse or child accompanying or following to join a principal grandfathered alien cannot qualify as a derivative grandfathered alien for purposes of section 245(i) of the Immigration and Nationality Act, 8 U.S.C. § 1255(i) (2006), by virtue of a spouse or child relationship that arose after April 30, 2001.
For more details click the link or attachment. Matter of Charlemagne Micabalo ESTRADA and Matter of Vanessa Joan ESTRADA
B Visa extensions
Q1. I lost my mother recently and we brought our father soon after that. I have an older brother and both of us stay here in USA. He has a medical condition - semi-paralytic. My father has a B-2 multiple entry visa; arrived here on 27th Jan 2013, I-94 expired on July 26th and visa extension applied on June 14th. How long can he stay here in US until the decision is made? Will his multiple Visa get rejected if his extension is denied?
Normally I don’t recommend applying for extensions of tourist or business visa unless you have a very good reason for it. What happens is technically of course you can stay here while the decision is pending, but no later than the duration you have asked for in the extension application. Let’s say you asked for extension till September. You can stay here till the decision is made, but no later than September. But what happens is when you go for multiple entry visa stamping consulates do not like people getting extensions. Their concern is that a tourist visa is supposed to be for brief visits. Why are you going there and staying for a year, year and a half on tourist visa?
Also what happens is if you have stayed here too long and then when you want to come back again at the airport (even if you have a visa or visa is not an issue) you can have a problem because CBP (U.S. Customs and Border Protection) may not take too kindly to people who return back very quickly. They don’t want to see a situation where a person is living in USA and visiting their home country.
Q2. What is recommended, he leaves immediately or waits until his extension decision comes?
If you don’t want to apply for his Green Card and he wants to leave to go to India I am not sure what is good but if he leaves early it might be easy to come back and also get further visas. This is a difficult decision to make.
Tourist visa extensions for gay couples
(partner is on J-1)
Tourist visa for gay couples or partner in a gay relationship is acceptable and it can be extended. If you look at the Foreign Affairs Manual, which is the body of policies that governs consulate decisions, you could say there is an exception. Sometimes people might not qualify for J-2 because they are not married. It might be easy to get a tourist visa and to keep extending it. However, there is one issue here. Since DOMA (Defense of Marriage Act) was overruled, gay marriages are now recognized. So I don’t know if they are going to change this policy of issuing B visas. Basically they would say that now you can get married and get J-2, so why are you not doing that. So to answer your question as to whether you can come and keep extending it, I don’t know the answer to that question under the present situation. Under the old situation you could have easily gotten extensions. So you can try, but keep in mind the earlier discussion on extensions (above). Consulates may not like it and CBP may not either.
I can truly say Mr. Khanna is the best immigration lawyer. Our office has worked with Mr. Khanna and his team for years. They are always available to answer any questions and very helpful with the amount of information and assistance they provide. Thanks to Rajiv, Art, Anna and Judi we have a 100% approval rate so far.
In order to provide faster and more efficient service beginning August 16 USCIS will be changing call routing procedures at the National Customer Service Center (NCSC). This will be a great advantage for attorneys and BIA accredited representatives. Attorney's can quickly connect with the NCSC customer service representative and avoid long delays.Customer representatives will evaluate the nature of the call and transfer or accept service request for detailed review.
This chart shows the average amount of time it takes to receive a decision in a particular type of case after the case file is received by the AAO. Processing times are directly related to the volume of cases received.
AAO Processing Times as of August 12, 2013 |
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Form Number |
Case Type |
Current Average FOIA Request Processing Times
(All times in business days)
USCIS uses a three-track system to process FOIA requests for alien file material.
I am a U.S. citizen or lawful permanent resident in a same-sex marriage to a foreign national. Can I now sponsor my spouse for a family-based immigrant visa?
Yes, you can file the petition. You may file a Form I-130 (and any applicable accompanying application). Your eligibility to petition for your spouse, and your spouse’s admissibility as an immigrant at the immigration visa application or adjustment of status stage, will be determined according to applicable immigration law and will not be denied as a result of the same-sex nature of your marriage.
Honest advice. Knows his profession. Highly recommended.
I just got my H1B approved. Really thankful to Jagbir and Khanna. They have responded to my RFE. They are easy to reach always and their response was really quick. Would definitely work with them for future immigration issues.
Please visit this link for the updated Chart for all Employment - Based I-485 Pending Inventory
http://www.immigration.com/chart-all-employment-based-i-485-pending-inv…
The "Applications for Immigration Benefits" monthly charts listed below provide data on applications and petitions received by USCIS for immigration benefits. These charts exclude all data associated with the citizenship-related applications.
The "Naturalization Benefits" monthly charts listed below provide data on the Applications for Naturalization (Form N-400) received by USCIS as of April 2013.
Planning to change my employer. Priority Date: Sept 2014 (EB2). H1: on my 5th Year (Filed for an extension it is currently in process). My plan is to change my employer once my extension is approved but I have the following questions. I am 100% sure my employer is going to withdraw my I-140. How is my H1 transfer going to work?
First of all the moment, your I-140 is approved no matter which category EB-1 or EB-2, the Priority Date is yours to keep that means if you got your green card filed in let's say 2017 and you left this employer after the I-140 approval, they revoked your I-140 and you started another green card in 2020 your Priority Date will be still 2017 because your I-140 was approved. So the moment the I-140 was approved the Priority Date becomes your property and it can be carried across categories, across employers, and across geographical areas. So if you go from a PERM filing in New York to an employer in California and your previous filing was EB-3 next filing is EB2 or even EB-1 you can carry the date of the work petition as long as the I-140 was approved. The moment the I-140 is approved, the Priority Date is yours.
There are limited exceptions unless the I-140 is revoked for fraud, etc., by the USCIS. Even if the employer revokes the I-140 you will keep your Priority Date. In addition to that, if the I-140 gets approved and stays approved for 180 days you will not only carry your Priority Date you will carry your right to extend your H-1 through any employer indefinitely. You will get a second benefit after 180 days and if the lawyer revokes the I-140 you will still get the benefit of both Priority Date and the right to extend your H-1 through any employer. The government has also said if you have an H-4 EAD for your spouse, your I-40 stayed approved for 180 days your wife's or your husband's H-4 EAD is safe even if the old employer revokes the I-140 later on as long as the I-140 stayed approved for 180 days. So if you left but the I-140 stayed approved for 180 days H-4 EAD is safe. That, in a nutshell, is the general law. More
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.
This is a discussion by Rajiv regarding the complaint filed by a U.S Citizen against Infosys for National Origin Discrimination. The essence of the complaint is that infosys discriminates in hiring against persons who are not of South Asian descent.
Video:
USCIS recently updated the following form(s):
Form G-884, Request for the Return of Original Documents
11/09/2023 03:22 PM EST
Edition Date: 11/09/23. Starting Jan. 29, 2024, USCIS will only accept the 11/09/23 edition. Until then, you can also use the 12/02/21 edition. You can find the edition date at the bottom of the page on the form and instructions.
FAQs: H-1B visa transfer before arrival into the USA|| Employee paying for green card and H-1B premium costs || Using an old H-1B visa stamp of a different employer
This is regarding the H-1B transfer from India before working for Employer.
I have the H-1B visa stamped with employer A, but now I want to transfer the H-1B to Employer B. I have not yet entered the USA and I have not started working for employer A.
Can I transfer the H-1B visa to new Employer B, and what are the mandatory documents that are required?
Also, I wanted to know if the pay slips are mandatorily required for H-1B Transfer as I don't have any. Looking for more details about pay slip requirements.
If I can transfer my H-1B to Employer B, then should I travel to the USA and then start the process or should I do it from India?
Yes, you can transfer your H-1B visa from employer A to employer B even if you have the visa stamped with employer A and haven't entered the US. Pay stubs are not mandatory for this transfer, and you can travel on the old visa stamp with the new employer's H-1B approval. However, it's advisable to consult with H-1B lawyers before traveling. Ensure you obtain the H-1B approval from the new employer before entering the U.S.
Number 85
Volume X
Washington, D.C
A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS
This bulletin summarizes the availability of immigrant numbers during January 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.
Release Date
U.S. Citizenship and Immigration Services will begin transitioning the filing location for Form I-907, Request for Premium Processing, when filed for a pending Form I-140, Immigrant Petition for Alien Workers, from the service centers to appropriate USCIS lockboxes on Dec. 15.
Mr. Khanna had helped us by refering us to the CPA Mr. vijay Sharma. Thanks for the prompt help! Regards Ravi Devulapalli