The Administrative Appeals Office (AAO) conducts administrative review of U.S. Citizenship and Immigration Services (USCIS) officers’ decisions regarding immigration benefit requests in order to promote consistency and accuracy in the interpretation of immigration law and policy. We have appellate jurisdiction over approximately fifty different types of immigration applications and petitions.
The AAO Practice Manual describes rules, procedures, and recommendations for practice before the AAO. It is organized into seven chapters, including:
Release Date
As part of the credit card payment pilot program, the USCIS service centers are now accepting credit card payments using Form G-1450, Authorization for Credit Card Transactions, for all forms except Form I-129, Petition for a Nonimmigrant Worker, for H-1B and H-2A petitions.
USCIS recently updated the lockbox filing location information for the following USCIS form(s). Please see the “Where to File” section of the webpage for your form.
Discussion Topics, Thursday, March 03, 2022:
FAQ: Abandonment; can I leave the USA while a change of status is pending?/Stamping requirements || Relation between F-1 status and I-485 AOS (child covered under Child Status Protection Act (CSPA)) || Relation between F-1 OPT and H-1B lottery change of status and changing employers || Is doing an unpaid U.S. externship/observership with F-2 visa unauthorized employment? || Can parents of U.S. citizens travel to the U.S. on an existing B-2 visa while their GC is pending?
FAQ's answered in The Economic Times NRI Helpdesk: Can I start my own business if I'm an H-1B visa holder?
Published by: The Economic Times: March 05, 2022
Release Date
In the recently published April Visa Bulletin, the Department of State advanced the Date for Filing (also known as the application date) applications for an immigrant visa or adjustment of status in the employment-based, second preference (EB-2) category for India from Sept. 1, 2013, to Sept. 1, 2014.
Processing Queue | Priority Date |
---|---|
Analyst Review | September 2021 |
Audit Review | June 2021 |
Reconsideration Request to the CO | September 2021 |
This bulletin summarizes the availability of immigrant numbers during April for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.
For more details please visit this link:
If you are a healthcare worker or a childcare worker who has a pending Form I-765, Application for Employment Authorization renewal application and your Employment Authorization Document (EAD) expires in 30 days or less or has already expired, you can request expedited processing of your EAD renewal application. USCIS had previously announced this flexibility for qualifying healthcare workers assisting public health efforts in response to the COVID-19 pandemic. USCIS is now extending this flexibility to qualifying childcare workers.
Release Date
U.S. Citizenship and Immigration Services is updating guidance in the USCIS Policy Manual to address the documentation that certain E and L nonimmigrant spouses may use as evidence of employment authorization based on their nonimmigrant status.
In October'20 I filed for the EB3 downgrade based on the Date of Filing, my wife and son were included in the petition. In December'20 my son filed for the F1 - I539 adjustment of status petition. In April'21 my wife, son, and I received the GC EAD Cards. In Aug '21 the EB3 Final Action Date became current for me, and my son became 21 and should be covered under CSPA. In Feb'22 USCIS approved his I-539 F1 COS petition. My son is a Senior in college doing his major in Industrial Engineering in the final semester. He is on the lookout for possible internship/employment opportunities. Does the F1 approval mean he is no longer under GC EAD? What's your recommendation on whether he should choose to be on F1 or seek employment on GC EAD?
My recommendation would be to just use the green card EAD. You cannot do interfiling because then your son would lose his CSPA protection.
Note: Where transcribed from audio/video, 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.
Background: I am currently on L-2 VISA and is going to expire in May. My company is going to file my Canada visa in a month. My spouse's (currently on L1A) employer is going to file her GC soon and she wants to stay with our kids until a decision is made (stay as a visitor or on the basis of GC filing). We decided that I will go to Canada and if the GC processing won't happen or the outcome is negative, she will join me in Canada at a later time.
Now:
I want to apply for the change of status from L-2 visa to visitor visa while I am still in the US, and leave for India while my Canadian visa is in process and travel to Canada directly from India. (I am going to see my parents as it's been years and can't travel to India if I join my company back in Canada anytime soon).
Questions:
1) Is it okay to leave the US while my change of status from L-2 to Visitor visa is in the process?
2) If yes, will USCIS continue to process and intimate me once they approve?
In this case it should be fine, but remember to go through the Section 222 (g;) of the Immigration and Nationality Act. Another thing you need to remember is in order for you to get a B-2 visa stamp or a B-1 visa stamp at the consulate you do not need any kind of approval from the USCIS.
Note: Where transcribed from audio/video, 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.
We assisted our client in filing an I-129F petition to bring his fiancee to the U.S. in anticipation of their upcoming marriage in the U.S. On Form I-129F the petitioner answered “yes” to the question: “Have you ever been arrested, cited, charged, indicted, convicted, fined, or imprisoned for breaking or violating any law or ordinance in any country, excluding traffic violations (unless a traffic violation was alcohol-or drug-related or involved a fine of $500 or more)?”. We included reference to that issue in the filing.
I got my USA citizenship this Jan, and I want to start the green card process for my parents. They are currently with me in the USA on a visitor visa, however, they would like to go back to India in March after the 6 months of allowed stay in the USA.
So I want to know when I start the green card process for my parents when they are in India, can they still travel to the USA on their existing B-2 visitor visa (valid till 2026), or should they be in India until the consular processing for their green card is complete?
The Customs and Border Protection (CBP) people do not hassle the parents or spouses of the U.S citizens too much as long as they are not entering to adjust to green card status within the United States. But if a CBP officer is either ill-informed or particularly unnecessarily harsh they could stop you and ask you to go back (which is unlikely).
A practical solution I would recommend to people is to do an immigration pre-clearance in Abu Dhabi (if you are traveling from India) that way if they are denied entry they just return from Abu Dhabi they don't have to come all the way to the United States.
Note: Where transcribed from audio/video, 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.
I have completed USMLE Step 1 and Step 2 examinations and I am looking forward to applying for residency in the USA. Now I have got an externship opportunity. This rotation, according to the institute, is a voluntary experience that does not account for any medical education, graduate medical education, continuing medical education, or any training leading to licensure or board certification. During this given opportunity, I may receive a letter of recognition or a certificate of completion to fulfill an observational or shadowing requirement as needed. This rotation will allow externs to partake in taking patient history, physical, and procedures under direct supervision. There will be no direct patient care responsibilities as well as actual clinical practice.
I need to get US clinical experience and recommendations to apply for the residency.
My husband emailed the Office of International Services of his university and in the reply email, they mentioned the following points-
In the past, the federal government has defined employment as “any type of work performed for services provided in exchange for money, tuition, fees, books, supplies, room, food or any other benefit.” Many immigration lawyers and other international services offices have pointed to the “any other benefit” phrase as a prohibitive phrase. If a student were to receive the benefit of gaining experience in their field of study, the government could interpret this as “unauthorized employment”. This would be a serious violation of their immigration status.
Also according to the DSO of the University of Pittsburgh, a researcher/ lab technician even if does an unpaid job would not be considered a volunteer job.
Now my query is can I apply to the externships/ observership being on an F-2 visa and as this externship will benefit me getting recommendation and experience, would this be considered a violation of the law?
I do not consider this to be a violation of law. There are other issues in volunteering, but that's the employer's problem, not yours.
Note: Where transcribed from audio/video, 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.
Number 64
Volume X
Washington, D.C
A. STATUTORY NUMBERS
This bulletin summarizes the availability of immigrant numbers during April for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.
Release Date
H-1B Initial Electronic Registration Selection Process Completed
FAQs: - From F-1 OPT directly applying for a green card - STEM OPT employment parameters, volunteering, part ownership, etc. - Can two employers file H-1B for the same employee using an existing I-140?
I would like to know If I have an advanced Degree (Masters Engineering Management) and my employer filed my H-1B and if the lottery is picked can I initiate the Green Card Process? I also heard that there is a Minimum salary Cap for EB-2 Advanced degree.
The employer can start the green card process at any time, even before you join. To see the salary figures by county and profession, you can review this link - https://www.flcdatacenter.com/
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com
My H-1B Visa is valid till Sep 2023. My son who is currently in India had also stamped his H-4 visa. However, he is now over 21 years of age. Can he travel to US to visit us on the same visa or he has to apply for a B-2.
I do not see how an aged-out child can travel on a derivative visa.
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com
I received an RFE for the delayed Birth Certificate Registration, since I would not be able to provide the original birth certificate from the birth year, what are the other options I can look into to receive the letter from the municipal authorities, is there any format I would need to get the letter from the municipal office.
There is no specific format for a non-availability certificate from the local administration. It can be a letter with the official stamp, a letter on their letterhead, or a specific form that the local administrations have created for their own use. You should get one.
Video Testimonial - Dr. JoAnne Woodard, Director, Sallie B. Howard School
Good Morning, I am the Founder and Executive Director at Sallie B. Howard School at North Carolina for the past 17 years. I am happy to give the reference and recommendation for the Law Offices of Rajiv S. Khanna.
We have been working with him for past 3 years and the work he has done for us has been excellent. In the past, we have had large number of immigrant teachers here at Sallie B. Howard . We have used various attorney's over the years some are good some not well, some very knowledgeable and some not so very knowledgeable and that resulted in complications and some problems time to time we get through those.
One of our staff members brought Rajiv’s business to our attention. He actually had done some research and found great record, well regarded, highly regarded in the industry and consultant some times for the government. It was really great resume for the office. Even though he was in Washington D.C and we are in North Carolina we took the trip up there to meet with him and to discuss what the service would be for us.
Typically, we do H-1B visas and green card petitions. And so we started out with him and found his services to be well beyond our expectations. More than that, for me I found him to be just stunningly brilliant, when it comes to the immigration laws and processes. We have had over the time pretty difficult cases that teacher had given upon and we all said wow! This is the shot in the dark to see if we can clean this part or clear this up and get the net result. But Rajiv's folks were very confident and they always tell you exactly what you can expect. They don't promise something that they can't deliver and they have been able to help us in every single case for past three years.
So, I highly recommend his company - they are people of integrity and they tell you exactly what to expect and we were pleased with their services. There are several characteristics of the service that we get from this company that I want to point out. One is that timeliness and the responsiveness to our applications and to the conversations if we have to consult then they get right back to us but more than that meticulousness in which they do their work.
Everything is checked and double checked and nothing is submitted with errors and mistakes as we have experienced that many times in the past with other attorney's. I don't know if they are not as careful as they need to be sometimes or what happens. In the case of Rajiv's team they check and double check, they are careful. I don't think we ever had any application which returned or denied because of some error, even the telephone number everything is exactly the way it supposed to be and that means everything in this particular business when you are working with Federal government.