Topics of Discussion: Oct 11, 2018
Transfer of H1-B without filing an I-140 immediately || Does changing employer automatically cancel/revoke previous H1B petition || Freedom of Information Act (FOIA) about I-140 || CAP EXEMPT H1-B || Can I use my EB3 to file Change of status application by using successor in interest document as my EB3 was done by my old company which was acquired by company XXX || Job portability under the AC21 || Can an employer retain the original I-797 and give only a copy if the I-797 to the employee
USCIS is revising policy guidance for the validity period of Form I-693, Report of Medical Examination and Vaccination Record.
On Oct. 16, 2018, USCIS began issuing new receipt notices for certain Forms I-751, Petition to Remove Conditions on Residence, to replace previously issued receipt notices containing inaccurate information.
MONROE, La. – United States Attorney David C. Joseph announced that three Nigerian nationals living in Grambling and Texas have pleaded guilty Monday to roles in a scheme aimed at obtaining permanent residency illegally.
USCIS has completed receipting and data entry for all filings of Form I-751, Petition to Remove Conditions on Residence, received between May 1 and Sept. 9, 2018. Petitioners should receive receipt notices by Oct. 22, 2018.
Discussion Topics, Thursday, October 25, 2018:
FAQ: Travel during N-400 naturalization process || Impact of extending B-1 B-2 stay || Filing H-1B without an end client letter (supplied later)||NTA in employment based visa
Other: Marry a LPR holder || Changing jobs on the AC21 using supplement J || F-1 STEM OPT || Port back from EB3 TO EB2
USCIS recently updated the following form(s):
USCIS transferred some of the following cases from the California Service Center to the Nebraska Service Center:
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) will expand its Information Services Modernization Program to key field offices, beginning with the Detroit Field Office and the five offices in the Los Angeles District on Nov. 13. Field offices in the Newark, Great Lakes, and San Francisco districts will implement the program during the first quarter of fiscal year (FY) 2019.
I am on H-1B & my wife also on H-1B. After three months pregnancy leave my wife is planning not to work and to transfer from H-1B to H-4. She will not have last paychecks copy for three months so will it be an issue during transfer? Will she need to start the job again to get three paychecks copy ?
Reasonable maternity leave should be considered "in status" period, so pay stubs should not be needed.
When is a foreign person considered an employee?
If residing overseas, is the foreign person employee considered a broker?
Should current authorizations be replaced or amended to be consistent with current guidance?
Can multiple employees be covered under one authorization?
How is an employee providing marketing services overseas identified in a license application?
What if the foreign person’s place of birth is different from the country he/she now resides in and holds citizenship from?
What value should be entered on the license application?
How should the foreign person employee of a U.S. person be identified in the TAA or MLA?
Who should sign the DSP-83 for the transfer of U.S. classified information?
When is a foreign person considered an employee?
The Committee of Bar Examiners (Committee) — the entity within the State Bar of California (State Bar) that administers the California bar examination, investigates the qualifications of bar applicants, and certifies to this court candidates it finds qualified for admission to the State Bar — has submitted the name of Sergio C. Garcia (hereafter Garcia or applicant) for admission to the State Bar.
USCIS Northeast Region offices: All interviews and appointments at the following offices for Friday, January 3, 2014 are being rescheduled due to inclement weather. USCIS will contact those affected and reschedule appointments for a new date and time.
N-400 timeline (2013):
SC: Texas
USCIS: NYC
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.
We have received a particularly remarkable green card approval a few weeks ago. USCIS alleged fraud and denied the green card where the spouse of a US citizen had entered the US on visa waiver and then applied for Adjustment of Status (AOS) within a few days after entry. We were retained once the green card had been denied. The allegations of fraud or misrepresentation are particularly troublesome because they operate as a PERMANENT bar against immigration. There is a narrowly tailored waiver available, but it can be difficult to obtain.
It has been a long and anxious path to a GC application lasting a little over ten years but I would like to thank Rajivji and especially Art and Mark who have helped by providing step by step support through the entire process, including multiple H1B renewals and EAD renewals. Thank you for being a helpful and knowledgeable team.