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USCIS Information for Pending Cases During the Transition from the Current Version of the Form G-28 to the Revised Version
We are aware that some attorneys and accredited representatives who recently filed the current version of the G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, may have received a courtesy copy instead of an original document. This occurred because we recently made necessary system changes to incorporate the new features that appear on the revised Form G-28. Release of the new Form G-28 has been temporarily delayed and, as a result, is not yet available for public use.
US Immigration Questions, Feb 19, 2015 Free Community Call with Rajiv (Every Other Thursday)
Agency
Immigration Law
Status of the H-4 EAD regulations
Status of the H-4 EAD regulations
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://www.youtube.com/watch?v=sXq6DaDK7AA#t=93
FAQ Transcript:
This FAQ is about H-1 quota, how does H-1 quota work?
I think this is an issue important for many people.
Question: I am on L-1 A, If I get H-1B this April, is it mandatory to work from October 1st. Can I continue on L-1A and then change to H-1B when I like.
DOJ Releases a Flyer, “How Employers Can Avoid Discrimination in the Form I-9 and E-Verify Processes"
Justice Dept. released a flyer, “How Employers Can Avoid Discrimination in the Form I-9 and E-Verify Processes,” which provides guidance in completing Form I-9 and E-Verify processes.
Please check attached document for information.
USCIS Finalized the H-4 EAD Rule
U.S. Citizenship and Immigration Services (USCIS) Director León Rodríguez announced today that, effective May 26, 2015, the Department of Homeland Security (DHS) is extending eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident (LPR) status. DHS amended the regulations to allow these H-4 dependent spouses to accept employment in the United States.
H-4 EAD Rule (Updated As of Nov 10, 2016)
PERM Processing Times (as of 02/05/2014)
PERM Processing Times (as of 02/05/2014)
Agency
Green Card
Immigration Law
Boston MA - N-400 Naturalization
I had my N400 interview last week. I passed the English questions without an issue.
Quick background: I was issued 10 year bar and deported in 2005. I had to apply for I601 and I212 (waivers) prior to returning to US. The reason I was deported was because I had overstay after deportation order. I returned to US 2010.
Citizenship and Naturalization
Cap Gap Extension Rules
I am on F-1/OPT extension which expires on March 2014. Is there any grace period so that my employer can file my H-1 visa. Do I loose my status after March or is there any grace period. If I come under current status when can I file my H-1?
When your application for H-1 is filed within 60 days of OPT
OFLC Releases PERM & Temp Labor Cert Statistics-FY 2014 1st Quarter
The Office of Foreign Labor Certification has posted updated program factsheets containing the Quarter 1 FY 2014 selected statistics for the Permanent Labor Certification Program, Prevailing Wage Determination Program, H-1B Temporary Visa Program,
ICE - Granted DACA Renewal Guidance
This notice contains renewal information only for those individuals granted DACA by U.S.
Revised Reciprocity Schedule for China
Effective February 18, 2014, the reciprocity schedule for Chinese nationals is revised for the A-2, C- 3, and G-2 nonimmigrant visa (NIV) categories. All other visa validities for nationals of China will remain unchanged.
Please click the attachment for more information
DOL FAQ on Notification and Consideration of Laid-Off U.S. Workers for PERM Applications
New Frequently Asked Question (FAQ). This FAQ addresses how an employer is to demonstrate that it notified and considered laid-off U.S. workers for the job opportunity listed on the ETA Form 9089. To read the FAQ, please click here and scroll to the PERM / Recruitment Report subheading
Reentry for F-1 Nonimmigrants Traveling Outside the United States
What are the basic requirements for an F-1 to reenter the United States after traveling abroad on pleasure or personal business?
This section of the FAQ applies to continuing F-1 students who travel outside the United States for five months or less.
Permanent residency in more than one country
If a GC holder applies for permanent residency in another country (say Canada or Australia) is that automatically considered an abandonment of the GC here in the US? I am getting a very good job offer in Australia and would like to go try it out for a few months to see if its a good fit.
FAQ Transcript:
The question here is can I have permanent residency in more than one country?
Procedure for Porting a Priority Date from One I-140 to Another
I have two approved I-140`s in EB-2 from two different companies with same A# on them. One with 2009 PD and other with 2011 PD. I am working for the company with 2011 PD . 2009 case was approved after the 2011 case so we could not port the date at the time of filing for 2011 case I-140. Now my question is do I need to file for amendment to port the 2009 date? Or am I eligible for filing I-485 without the I-140 amendment? Both I-140's are alive and employer did not withdraw any of them.
PD (priority date) date transfer is supposed to be automatic. We don’t have to do anything about it and it is my understanding what USCIS does is they do periodic sweeps in fact several times a month. They do a sweep like queries of their database and whoever is entitled to whichever priority date at the earliest they automatically assign that to you. So if you have one I- 140 approved earlier another I-140 going on or approved they will automatically assign you the earliest priority date to which you are entitled. That may or may not reflect in your approval though. So just because it does not reflect in your approval it doesn’t mean that you are not going to get the earlier priority date. You can confirm it by opening a service request. You can confirm by asking them your priority date.
Hence the answer is you are eligible for filing I-485 automatically when the 2009 date becomes current. All you have to do is attach a copy of the earlier approval notice with it along with the current approval and you should be fine.
Filing PERM using experience gained with same employer
I am working for company A, last three years. In order to file green card I need to use my current experience(3 years) as I don't have previous experience to prove. Can I leave the current job from company A, go to another company(company B) and work for few months in ( company B) and go back to my previous company(company A) so I can use the three years experience for GC process? How long I have to be out of company A to use that three years experience?
Answer is No, unless you meet the following requirements. If the job being offered to you as a Green Card job is more than 50% qualitatively different than the software engineer. If you join as a software engineer you got 3 years of experience then next job offered is Project Manager for example where more than 50% of your time spent in managing projects not a hands on architecture or development. Now you can use the experience you gained because job offered is different than the job you had before. There is common sense reason for it. When you joined this employer you had zero experience, after three years employer claims that they require 3 year experience for the same job. USCIS or DOL would want to know what changed that their requirement changed.