June 7, 2018, Recording of Free Community Conference Call (Every Other Thursday)
Immigration.com
Nonimmigrant Visas
FAQ: Can EB-2 approved file for EB-3?
FAQ: Can EB-2 approved file for EB-3?
On May 31, 2018, U.S. Citizenship and Immigration Services (USCIS) began receiving H-2B petitions under the temporary final rule increasing the numerical limit, or cap, on H-2B nonimmigrant visas by up to 15,000 additional visas through the end of fiscal year (FY) 2018.
As of June 11, 2018, petitioners who file Form I-751, Petition to Remove Conditions on Residence, or Form I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status, will receive a Form I-797 receipt notice that can be presented with their Form I-551, Permanent Resident Card, as evidence of continued status for 18 months past the expiration date on their Permanent Resident Card.
With speculations that EB-3 may go ahead of EB-2, can we port down to EB-3 from EB-2 using existing labor, in general is it risky to do that, what happens if porting is denied will we loose existing approved EB-2 petition?.
Watch the Video for this FAQ: Can EB-2 approved file for EB-3?
Video Transcript:
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.
USCIS has recently updated the following form:
Wanted to share some info on a friend's case I assisted with. Her father was born in Texas, raised in California. He married a Mexican citizen in Texas in 1992. My friend was then born in Mexico in 1993. She lived there with mother until age three then they moved to California. She was raised in California. Her parents then had two more daughters born in California.
Are you seeking to adjust your status and become a U.S. permanent resident under a family-sponsored or employment-based preference immigrant visa? If you have not yet had a relative or employer file an immigrant visa petition on your behalf, please learn more about the Adjustment of Status Filing Process.
ALERT: Although F-1 nonimmigrant students with degrees in science, technology, engineering, or mathematics (STEM) may apply for a 24-month extension of their post-completion OPT employment authorization, our policies regarding the cap-gap extension remain the same.
On June 21, 2018, USCIS will begin recalling approximately 800 Employment Authorization Documents (EADs) that were issued in conjunction with Form I-589, Application for Asylum and for Withholding of Removal, which were granted by USCIS asylum officers. The cards contain a production error that transposed the first and last names of the individuals receiving the EADs. These cards were mailed to recipients in April and May 2018.
What is the PERM Appeal Process?
Per 20 CFR 656.24(g), it is an opportunity for an employer to request a Certifying Officer (CO) reconsider denial of an PERM labor certification application (ETA Form 9089) Per 20 CFR 656.26, it is an opportunity for an employer to directly request BALCA review a CO’s decision to deny an ETA Form 9089.
For more details please click the link for the presentation:
Discussion Topics, Thursday 21 June 2018:
FAQ: Changing jobs after I 140 approval || Can a green card be filed for me if I am on H4 or L2 or F1 – – any status other than H-1B or L-1A? || Can an employee withdraw an H-1B petition? || How to add forgotten information on to a naturalization application/N-400? Other: Changing jobs when an appeal to the Department of Labor (BALCA) is pending || Trading stocks while on H-1B or H4 status || Changing from H-1B to F1 status and back to H-1B again || How to extend my I 94 within the USA? || Obtaining EB2 with a three year degree || Procedure after a denied PERM is approved || Validity of I 140 after I 485 denial || Minimizing the future impact of an L-1A denial || Exemption from H-1B quota where visa is stamped but never joined the employer || WHD complaint against employer || Green card processing times || Receiving pension after surrender or loss of green card || Challenging wage levels determined by an employer || India EB-1 priority dates || Traffic violations in N400 || Checking status of PERM, etc.
I have the following questions<br>
Can employer A revoke my current I-140 after I change my employment?<br>
Can I keep getting my visa renewed with Employer B based on my current I-140 with Employer A until Employer B initiates my GC processing?<br>
Does the hike in pay and change in roles in any way affect any of my future GC filings with Employer B?
Watch the Video on this FAQ: Changing jobs after I-140 approval
Video Transcript
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.
USCIS recently updated the following form(s):
WASHINGTON — The Department of Homeland Security (DHS) launched an enhanced Study in the States website Monday with four new features. The features enable the Student and Exchange Visitor Program (SEVP), housed within U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI), to convey pertinent information to stakeholders about the international student process in a clear and interactive manner.
The new features include:
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) Acting Director Lori Scialabba will help USCIS celebrate our nation’s 238th birthday as the agency welcomes approximately 9,000 new U.S. citizens during more than 100 naturalization ceremonies across the country from June 30 to July 4.
On July 1, 2014, OFLC uploaded the newest prevailing wage data from the Occupational Employment Survey as generated by the Bureau of Labor Statistics for the year from July 2014 - June 2015. The effective date is July 1, 2014. Prevailing wages issued from the National Prevailing Wage Center will reflect the new data.
I have dual citizenship. Which passport should I use to travel to the United States?
All U.S. citizens, even dual citizens/nationals, must enter and depart the United States using his/her U.S. passport.
Rajiv S. Khanna participates as a special guest in a discussion with Voice of America on the Crisis of Children Refugees crossing the US borders from Mexico and thinks it is important first to understand that the problem is not of enforcement, but defect in laws. By passing a Comprehensive Immigration Reform a policy is put into place that is cohesive. Right now the policy does not jive with the way things are. As there is no law there is no policy. Hence having the immigration reform pass would not help in the sense of just stemming or shortening up the borders. It would help in implementing a policy that is coherent and in accord with the times today.
I have a approved I-140 with on H-1B for more than six years working for company A. If I change to company B I will get 3 years of extension for new employer B. If I leave employer B before my PERM or I-140 is approved with employer B and join employer C. How many years of H-1 extension I will get ? Can I get 3 years of H-1 extension using approved I-140 with employer A.
Unless and until the I-140 is revoked, your first approved I-140 can continue to be used for H-1 extensions for any number of employers.