USCIS to Publish New Form to Allow Individuals to Renew Their Deferred Action
If the employee was already working for the employer using AC21 (using EAD) and was already on payroll Then what steps employer has to do to actually get the employee on the GC job other than changing I-9 details. And what document proof employee need to have that may be helpful when one apply for citizenship ? to prove that employee indeed gave employee the GC job ?
Are they changing the law for EB-1? What is the change?
Number 70
Volume IX
Washington, D.C
A. STATUTORY NUMBERS
Processing Queue | Priority Dates | |
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Month |
Processing Queue | Request Date | Status* |
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H-1B |
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual relating to changes of dates of birth and names per court orders.
For more information please click on Policy Alert
For Immediate Release
DHS Press Office
Contact: 202-282-8010
My husband and I got our green cards through my husband's Employer (EB3). We submitted I-140, I-485 for primary beneficiary (my husband), I-485 for derivative beneficiary (me) on December 27th 2004 (visa dates were current)
Our entire application got rejected on Jan 04 2005.I attached the letters mailed to us. USCIS stated that my signature was missing Our lawyer responded to USCIS on Jan 05 2005 and refiled the rejected application on March 08 2005 (visa dates not available for EB3 in March) He requested USCIS to honor December 27 2004 stamp-date for Primary Beneficiary my husband as his application was complete. He also mentioned that he has is resubmitting my application with my revised signature Instead of just accepting my husband's application, USCIS also accepted my application on March 8th 2005 receipt date - March 10th 2005. During Visa Debacle in July 2007 , we received our green cards on September 2007. I am eligible for applying citizenship. I am in a dilemma whether to apply or not. One of the lawyer’s I contacted before said that USCIS sometimes wrongly accepts applications without visa dates and prematurely approves them too and mine might be one of those cases.During citizenship application, they will review the whole immigration history and there is a chance that your green card will be revoked.
Is it safe not to apply for Citizenship and renew it when needed?
This is likely to be a long discussion. My bottomline recommendation: let your husband obtain his naturalization first. Thereafter you apply for yours. If something goes wrong, his naturalization gets you another green card right away, without ever leaving the USA.
Very procedural lawyers and responsive to requests.
Release Date
Effective Dec. 12, 2022, U.S. Citizenship and Immigration Services (USCIS) is updating the USCIS Policy Manual to allow USCIS to automatically extend the validity of Permanent Resident Cards (commonly called Green Cards) for lawful permanent residents who have applied for naturalization.
Question: My sister has been on F-1 status, currently on OPT and I want to file for her EB5 visa. I will fund her 75% of my money with cash that I earned from W2 and may get an equity loan if needed (total 800K). She wants to open an IT consulting company in Rural Area while on OPT. I have the following questions.
1. Is an IT consulting company a valid investment in terms of USCIS because one attorney mentioned it is not?
2. Does the count of hiring U.S. residents begin after the company is founded or after an I-526 application is filed?
3. How long will it take to get a conditional green card? How about non-conditional?
4. Is it a good idea to file now while on OPT-EAD or wait until she gets H-1B? She has another 2.5 years remaining on OPT.
5. Is it okay to use AP/EAD after she gets it while OPT-EAD? Can she still apply for H-1B after I-1485 is filed?
1. Not only should there be an investment that investment should be needed to set up that business.
2. When you file your first set of forms (Form I-526) at that time you provide a business plan and you tell the government that once the I-526 is approved within two years or soon thereafter you will be able to create ten American jobs. You have about four years to create American jobs.
3. You can actually look those times up.
4.This is also complicated because if she gets her H-1B she's allowed to work only for the H1B employer. This should be planned in detail with a lawyer. At least theoretically this is feasible
5. She can still apply for an H-1B after I-485 is filed. It is theoretically possible, at least at the USCIS level but at the consulate level it is a different story.
My priority date is April'14 in EB2. My current employer filed an AOS (I-485, I-765 & I-131) using a prior employer I-140 petition. My EAD (I-765)/AP (I-131) was approved a few weeks ago. My current employer didn't submit I-485J while submitting I-485 application. My current employer PERM was submitted a few months ago.
Questions:
1) Is it safe to use the EAD/AP (or) would you recommend staying in H1B until I-485 is approved?
2) Will this filing be considered to be fraud/misrepresentation (or) Would you recommend withdrawing my I-485 application?
Release Date
Federal Register Notice Published Today Announces Nationwide Trial
I had filed for my parent's green card in July' 2022. It is concurrent filing.
The I-130 filed by me shows processing times of 4 weeks and 6 months for my dad & mom respectively.
The Advance Parole shows processing time of 11.5 months and I-485 (Minneapolis-St. Paul field office) is almost 2 years.
Their I-94 is expiring on the 30th Nov. What is the process to withdraw the application so that they can return back to India legally before 30th Nov?
Also wanted to know:
Will I need to withdraw the I-130 petitions that I had filed for them ?
Will this impact their existing B-2 (visitor) visa? Will it still be valid?
1. There is no need to withdraw the application, but if you want to withdraw you will have to send a letter. Even if they leave without getting an advance parole the I-485 is deemed to be abandoned but the I-130 can still go on. You will have to call USCIS to open a customer service request and convert the I-130 to consular processing. Even though the I-485 is abandoned the I-130 is put in the consular processing queue.
2. If they leave before November 30th their visitor visa should not be affected.
I did my Masters in chemical engineering in the US and then worked for an environmental firm in NYC, where my H1B was sponsored. I got my H1B in 2019 (Oct 2019 start date), and then I moved to India in Dec 2020, and it’s been almost 2 yrs here in India.
I have approx. 4.5 yrs remaining on my H1B. My questions are below:
1. Am I eligible to use the H1B remainder option for a different employer under a different field under cap exemption? I want to know if I can work in the business domain and not in the chemical field using the H1B remainder option.
2. Say I find an employer in the US in the business domain who is willing to sponsor me directly? Do I need to apply for a new H1B and go through the April lottery? What are the consequences?
3. Lastly, if I plan to do an MBA, which would be my second master's in the US, is it possible to use the H1B remainder option from my first master's and work in the business domain?
Rajiv was extremely helpful in providing his thoughts on the situation i was in. I have been following his posts and since his insights were to the point and bring in a lot of clarity I made an attempt to approach him for suggestions. Evevn though i was a complete stranger, they accomodated time and scheduled me an appointment to discussion on my needs. Really appreciate their efforts and kindness.
Thank you very much!