On October 23, 2013, the USCIS Service Center Operations Directorate hosted an engagement with AILA representatives. USCIS addressed questions related to DOMA, provisional waivers and TPS grantee applications among several other topics.
The attached information provides a review of the questions solicited by AILA and the responses provided by USCIS.
What is consular processing?
The Immigration and Nationality Act (INA) offers an individual two primary paths to permanent resident status (a green card). An individual who is the beneficiary of an approved immigrant petition and has an immigrant visa number immediately available may apply at a U.S. Department of State consulate abroad for an immigrant visa in order to come to the United States and be admitted as a permanent resident.
This policy memorandum (PM) provides guidance for properly assigning priority dates in those instances where a petitioner requests that the priority date from a separate, previously filed petition, be applied to a later filed family-based second-preference “B” petition (F2B) or seeks adjustment of status in the F2B category, based upon an originally-filed family-based second-preference “A” petition (F2A) pursuant to Public Law 107-208, the Child Status Protection Act (CSPA).
I think it will be different with each people. In my case, all three times were different.
The officer usually did a small talk with me while going to the room from the hall asking me about the weather and other information which was not listed in application from my previous state where I lived and how I liked it here. IMO, I took that in good and bad way. Good way in the sense, that he wanted me to feel comfortable and bad way, like as if he is saying, I already know everything about you. So, its a mixed bag.
[Federal Register Volume 78, Number 224 (Wednesday, November 20, 2013)]
[Rules and Regulations]
[Pages 69538-69539]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-27685]
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DEPARTMENT OF LABOR
Employment and Training Administration
20 CFR Part 655
RIN 1205-AB66
Attestation Process for Employers Using F-1 Students in Off-
Campus Work
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DEPARTMENT OF LABOR
Employment and Training Administration
20 CFR Part 655
RIN 1205-AB65
Labor Certification Process for Logging Employment and Non-H-2A
Agricultural Employment
This week I went for my oath ceremony and I am now officially a US Citizen.
The process was very smooth overall.
My only beef is that for the interview I had to go to Holtsville and for the oath I had to go to Central Islip. I live in Queens and I don't drive so getting to those places was a major issue.
Here's my N400 timetable:
Queens/NY
5 years rule
To start with Rajiv is a great guy. I had talked to our corporate lawyers on bringing my wife back with me to the US as the spouse of an American citizen... The options given to me were vague that I was considering declining the job and staying out the US. Rajiv looked at my case, understood our need not to separated and gave me advice on how to tackle the matter. Though the information on the options was still the same, he has an amazing way of explaining the options in ways you can understand and act on. I would recommend him to anyone looking for an immigration visa.
What is an EAD?
What is an EAD?
Certain aliens who are temporarily in the United States may file a Form I-765, Application for Employment Authorization, to request an Employment Authorization Document (EAD), which authorizes them to work legally in the U.S. during the time the EAD is valid.
Why does my new EAD look different than my prior one?
According to The Indian Express on Comprehensive Reform:
Obama cites Indian-American to push for immigration reform
US President Barack Obama has cited an Indian-American woman entrepreneur in the Silicon Valley after she got a green card following over 12 years of agonising wait to push for a comprehensive immigration reform that would attract best talents from across the globe.
Can we apply for indefinite H-1 extensions( on yearly basis) based on PERM appeal as long as your case is still in appeal?
As long as PERM appeal is pending (Not, MTR), you can apply for one-year H-1 extensions indefinitely, even beyond 6 years.
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
Immigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney Rajiv Khanna
FAQs
- Switching employers while one's spouse is on an H-4 visa and the steps to ensure a smooth return to the U.S.
- H-1B or green card misrepresentation: Legal options and consequences for fighting back against USCIS
- Options for extending stay in the U.S. after layoff as an international student pursuing a Master's in IT
- Potential visa complications for an H-1B visa holder due to past employment with a blacklisted company and alternatives for obtaining an H-1B stamp
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Processing Queue | Priority Date |
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Analyst Review | July 2022 |
Audit Review | April 2022 |
Reconsideration Request to the CO | August 2022 |
Published by: Live Mint: May 04, 2023
https://www.livemint.com/news/world/us-visa-process-to-tighten-up-amid-…
Quotes and Excerpts from Rajiv in the article:
Following up on the announcements of April 21, April 27, May 1, and May 8, 2023, the Office of Foreign Labor Certification (OFLC) is postponing the date for filers to begin submitting the new, revised applications for permanent employment certification and CW-1 applications for temporary employment certification in the Foreign Labor Application Gateway (FLAG) from May 16, 2023, to June 1, 2023. Applicants should continue to use the current PERM and CW-1 forms until such time.
A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS
If I change my employer while my wife is in India on an H4 dependent visa, will she be able to return to the US even though her visa stamp bears my old employer's name? She has valid stamping till Sept 2024. What steps should we take to ensure a smooth return to the US for her?
No, it is not a problem as long as you maintain your H1-B status. Whether you have changed employers or are in the 60-day grace period, she can return on her H-4 visa without any issues. Even if her visa stamp bears the old employer's name, it does not matter. There are no specific steps to take in this situation as it is perfectly legal.
This article is part of the continuing series of interviews between The Practical Lawyer Editorial Board Member Rajiv S. Khanna and leading practitioners across the country, designed to provide personal and professional insights into various areas of the law.
Read more by clicking the pdf attachment.
1. Have you taken cases of H1B or GC fraud or misrepresentation?
2. What are the consequences if caught - Just losing status and deportation? Can it lead to Jail in any case?
3. Can we fight back in court to justify our case and win against USCIS?
Yes, our firm has taken cases involving H-1B or green card fraud or misrepresentation for about 30 years. Our focus is on employment and business-based immigration and related cases. Our firm has also assisted criminal defense teams in similar cases. If caught in a fraud or misrepresentation, the government can choose to prosecute you criminally since most immigration papers are filed under penalty of perjury. This can result in imprisonment for up to five years, as felonies are serious crimes. From an immigration perspective, a misrepresentation or fraud can lead to a permanent bar from entering the United States, causing you to lose your stay and potentially be unable to return. However, if you did not intentionally lie or the misrepresentation was immaterial, you can fight back in court by asserting defenses such as lack of intent or immateriality. For example, if a minor detail unrelated to the visa decision is misrepresented, it may not be considered material. These are some of the grounds to consider when fighting against misrepresentation. If you don't have any valid arguments, it may not be worthwhile to fight your case.
I have worked with Mr. Khanna and his staff on H-1B and green card applications for a few of my employees over the last 4 years. Never having done this before previously and with very limited knowledge of the immigration arena, I have found all of the staff members to be extremely helpful! There is never a time where I can't ask questions or seek guidance. Communication is very important and they never dissapear on me. Rather than it feeling like a client-lawyer relationship, I feel like it is more of a partnership. They are here to make the process smooth and as painless as possible. I would recommend their services to anyone who is in need, whether it be an individual or an employer.