We assisted a client company in filing an EB-2-based PERM. The submitted ETA Form 9089 was selected for an audit by DOL. They requested evidence/explanation as to why only the specified combination of a higher degree and significant years of experience were required, beyond the normal requirements defined by O*Net, a source of occupational data often cited by the government.
We successfully responded to an H-1B request for evidence (RFE), questioning the beneficiary’s maintenance of status. The beneficiary’s previous employer (Employer A) had submitted an H-1B extension. While the petition was pending the beneficiary’s nonimmigrant status expired. An RFE was subsequently received by Employer A, and following the filing of a comprehensive RFE response, the petition was denied.
We assisted petitioner, a public accounting firm, in filing an H-1B petition for beneficiary for the position of staff accountant. We received an RFE requesting additional evidence that the position qualified as a specialty occupation by satisfying at least one of the four qualifying criteria for a specialty occupation. In our lengthy response, we argued that the job duties, as detailed in the petition, and as compared with OOH’s job description for staff accountant not only comports with but goes beyond OOH guidance in its uniqueness and complexity.
We filed an H-1B extension for a specialized medical practice on behalf of a physician who had completed a fellowship in this specialty. We subsequently received a Request for Evidence questioning whether his position satisfied the requirements for a specialty occupation and questioning his current immigration status.
We were approached by an employer in the health and wellness industry to respond to an RFE (Request for Evidence) for an Operations Research Analyst. The RFE indicated that the job duties were vague, and did not allow Service to ascertain the minimum requirements for the position, or determine whether it constituted a specialty occupation. We responded with considerable detail, elaborating on the job duties and providing considerable context about the employer and the strict FDA (Food and Drug Administration) regulations that they are required to operate under.
We assisted an employer in successfully responding to a Request for Evidence (RFE) received subsequent to the filing of an H-1B (specialty occupation worker) extension petition. The RFE requested additional information regarding the employer and the beneficiary’s qualifications. More specifically, the RFE questioned the evidentiary value of an education evaluation that was provided with the petition, requesting additional evidence regarding the qualifications of the college official who authored the evaluation.
In this case we assisted a client whose employee, with a valid H-1 visa stamped in this passport, traveled outside the U.S. and was unable to return due to the COVID 19 travel restrictions. We prepared a comprehensive letter with details about the petitioning employer, the specific project that the employee would be assigned to, and the urgency of the employee’s presence in the U.S., to the consulate requesting consideration under the National Interest Exception (NIE) for business travel to the U.S. for vital support of the U.S.
In this case our client retained us to respond to a Request for Evidence (RFE) that he had received for the I-130 that was filed on his behalf by his sister. There were two issues identified in the RFE: 1. His birth registration certificate was registered more than two decades after the client’s birth. Service requested we provide the oldest documentation available that would establish a sibling relationship between the petitioner and the beneficiary; and 2.
We assisted a client company, who develops its own software products and provides related consulting services in filing an H-1B petition to employ a software developer. An RFE was issued requesting additional information regarding the employer, and additional documentation to show that the beneficiary was engaged in a valid curricular practical training (CPT) and was maintaining a full course study in a master’s degree program at a U.S. university at the time of filing.
How does a traveler revalidate a visa without their I-94?
The I-94 admission record is created electronically and maintained in CBP systems. CBP will verify the I-94 electronically to re-validate an expired visa if the traveler meets the conditions of automatic revalidation. In order to demonstrate eligibility for automatic revalidation, a traveler may be required to present a copy of the website printout to the air or sea carrier prior to boarding. If entry occurred prior to automation, a paper form must be presented in order to comply with validation requirements.
WASHINGTON - Secretary of Homeland Security Jeh Johnson has redesignated Syria for Temporary Protected Status (TPS) and extended the existing TPS designation for the country from April 1, 2015, through Sept. 30, 2016.
The link below shows the changes that have been made to the Indian Reciprocity Tables since the last publication.
1. How does the National Visa Center fit into the U.S. immigration process?
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2. USCIS sent my immigrant visa petition to the NVC. Now what happens?<br>
3. How do I know if my priority date meets the most recent cut-off date? What does that mean?
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4. How do I know what my priority date is?
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5. How Do I Contact the NVC?
1. After U.S. Citizenship and Immigration Services (USCIS) approves your immigrant visa petition, USCIS forwards your petition to the National Visa Center (NVC) in Portsmouth, NH for immigrant visa pre-processing at the correct time. Immediate relative categories do not have yearly numerical limits. However, family preference and employment based immigrant categories have numerical limits each year; therefore, lengthy wait times are involved for processing to begin.
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WASHINGTON—The Department of Homeland Security and Department of State have launched the next stage of an aggressive campaign to make clear the national security, border security, and public safety priorities that are now in effect, and to clarify the criteria for filing requests for deferred action under the Executive Actions recently announced by President Obama.
Very professional and crisp messaging. Thank you for your advice and consult.
Secretary of Homeland Security Jeh Johnson has extended Temporary Protected Status (TPS) for eligible nationals of El Salvador for an additional 18 months, effective March 10, 2015, through
<b>From our community member </b><p>
<b>Here is my Situation.</b><p>
I used to work for Employer "A" who filed for my EB3 Labor and I-140. I-140 was approved in Feb 2007. In July 2007, when the dates became current, I filed for my I-485. In December ending of 2007, which was around 180 days after filing the I-485, Company "A" was acquired by Company "B", at that time I got an email from my employer HR indicating that Company "B" will now take over all immigration responsibilities of "A" and no H1 transfers or re-filing of I-140 is required. I was also assured that since my I-485 was pending for 180 days and i had EAD and 6 pay slips / one per each month from company "A" , there should not be
any issues, since AC21 can be applied too, in this case. So I continued to work for Company "B" for about 1 year from Jan 2008 to Jan 2009. I received pay checks from "B" during this period.
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In Feb 2009 I joined a direct client, Company "C" on H1B. Got the H1B approval beyond 6 years, using company "A" I-140 approval copy. Company "C" Attorney sent AC-21 documents to USCIS. Company "C" does not file labor or I-140 they do only H1B or hire on EADs but does not do green cards. Now, after more than 7 years of I-140 Approval from Company "A", I came to know that USCIS, has revoked the I-140 of a different employee who was in the similar situation as me, but he didn't had H1B and he was forced to leave USA since his I-485, EAD and Advance Parole were all based on this I-140. It seems USCIS said the underlying Labor and I-140 were fraud. Hence everything is denied. He did leave the country.
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<b>My Question : </b>
What are my Options if something like this occurs for my case too? I understand its hard to tell if this will occur or not. Company "A" which filed my I-140 no longer exists and I have no contact what so ever with Company "B". If I-140 gets revoked for fraud by the company "A", will the employee be held responsible? Can this kind of adverse decision be appealed and during appeal process what happens to the status.
Are we allowed to stay and work in the country when this case is in progress? I was reading online about the "The case, Kurapati vs USCIS”, this lawsuit is similar in nature. Is there a ray of hope with this? <p>You’re Suggestions/Comments please.
See clip from Attorney Rajiv S.
I had a brief a phone appointment with Mr. Khanna this morning. He was very friendly, understanding, and patient about hearing my situation regarding permanent residency. I found his advice to be excellent. Also, I found his team to be very responsive, efficient, and thoroughly professional.