Visa Bulletin - October 2015 (Revised)
Number 85
Volume IX
Washington, D.C
Immigrant Numbers for October 2015
Revised September 25, 2015
Number 85
Volume IX
Washington, D.C
Immigrant Numbers for October 2015
Revised September 25, 2015
This bulletin supersedes the bulletin for October 2015 that was originally published on September 9, 2015, and contained Dates for Filing Applications long used by the Department of State for internal processing purposes. Following consultations with the Department of Homeland Security (DHS), the Dates for Filing Applications for some categories in the Family-Sponsored and Employment-Based preferences have been adjusted to better reflect a timeframe justifying immediate action in the application process. The Dates for Filing Applications sections (sections 4.B.
I wanted to thank everyone for all the helpful comments and guidance posted in this forum!
Went to the USCIS office in Manhattan yesterday for my interview at 730 am. After going through security went to the waiting area and handed my interview notice to the receptionist. My name was called by the IO at 8 am. It must have been a very quiet day and there were no more than 15-20 people in the waiting area!
My parents had their citizenship interview few days back. My father passed the interview. My mother had been concentrating more on the civics part and never went over the N-400 application. When the USCIS officer asked her about tax returns and other questions she got confused and couldn't answer then correctly as she was scared to answer them wrong. She passed the civics. On the form she was given at the end stated that she needs to be retested again for understanding language.My father has his oath ceremony next week.
I had my interview at the JFK Building, Boston. My appointment time was around 8am. I got there at 7:30. I was called in at around 9 am. It was a standard interview. I took oath to tell the truth. He asked for my GC, Passport and proof that I had registered for selective service. That is all he asked for.
We went through the N-400 first. He was very detailed. Chatted about my work in between. I had already prepared my travel log since the time of my application and he added that as an addendum to my application. After that we did the civics exams.
I got married in May last year and my wife was born in Malaysia . I was on H-1B with I-140 approved then and learnt about cross chargeability and filed for green card in June, we both got our green card in October. Things are not going well with marriage and my wife moved to NY and she is thinking of getting divorce. If divorce does happen does this affect mine or her green card?
Video Transcript: As long as the marriage was in good faith and you just did'nt do it to get cross chargeability benefit then there is no problem in a divorce and that will not have an effect on her green card or yours. Both principal and beneficiary can opt out of processing the green card for their spouse if there is a split-up.
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.
Situation -
1. I am working with employer A on L visa.
2. Employer B has filed my future employment based GC under EB2 category. My I-140 is approved. (I have not worked for employer B until now)
3. My I-485 filed by employer B is pending for more than 180 days.
4. I certainly want to join employer B as soon as I get a project prior to getting green card OR when I get my green card.
Questions - (in case point # 4 is not MET and I get an RFE on employment verification letter)
1. During I-1485 adjudication if I get EVL RFE and I decide to respond to it using another job offer from employer C, then - How do I prove that I certainly had intention to join employer B at the time of filing I-140 and I-1485?
How to prove that my employer B also had intentions to hire me on a permanent Job offer at the time of filing I-140 and I-485?
2. If we want to respond to EVL RFE using Employer C's offer then - How do we prove that this offer was extended prior to I-485 adjudication (with joining date after getting green card)?
What should be the offer extended date and
What should be the joining date to comply by AC21?
3. If I respond to this EVL RFE using employer B's job offer letter then - What are the chances of getting "Ability to pay RFE" subsequent to my RFE response using Employer B's offer letter (Not using AC21 at all)? (FYI - as far as I know so far none of the GC applications are denied for "Ability to Pay" RFE for employer B)
It is perfectly legal for an employer to process the green card for you as long as they have the good faith intention and you have the good faith intention of joining them. However once I-140 is approved and I-485 through a future employer has been pending 180 days you’re not required to join them. You could join anyone with same or similar job anywhere in the United States. So AC21 protects not only jobs you already have in hand it also protects future jobs. As long as the intention is honest basically that is based upon your statements and that’s all that matters.
Now you are protected by AC21 job portability or green card portability you can take any job anywhere with any employer as long as it is similar to the job described by your employer B when they file your green card.
Question: During I-1485 adjudication if I get EVL RFE and I decide to respond to it using another job offer from employer C, then - How do I prove that I certainly had intention to join employer B at the time of filing I-140 and I-1485?
How to prove that my employer B also had intentions to hire me on a permanent Job offer at the time of filing I-140 and I-485? If I cannot join them during I-485 adjudication.........can I use another job.
And the answer is - Yes, you can and you don’t have to prove that this offer was extended prior to I-485 adjudication. That too can be a future job offer and the joining date does not really have to be specified all that needs to be specified is that is it is their intention to offer you the job and accommodate you either before or promptly after the green card is approved.
So you have all the options open if you want to respond using a job offer from the future employer (employer B/employer A) all of them are open to you and ability to pay RFE is usually only relevant to the employer who filed your green card. So if I use AC21 and go from employer X to employer Y USCIS is not going to question employer Y’s ability to pay. But if you stay with employer X they can question the ability to pay all the way till you actually get the green card.
Release Date:
H-1B Initial Electronic Registration Selection Process Completed
USCIS is revising our guidance (PDF, 364.37 KB) in the USCIS Policy Manual to align with the Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements Final Rule published in the Fe
Discussion Topics:
FAQs: Staying outside the US on Re-Entry Permit Validity, Usage, and Multiple Entries for Green Card Holders || Unemployment Benefits for H-4 + EAD Holders with Previous H-1B employment
USCIS recently updated the following form(s):
Form I-929, Petition for Qualifying Family Member of a U-1 Nonimmigrant
04/01/2024 06:16 PM EDT
Edition Date: 04/01/24. Starting June 3, 2024, we will accept only the 04/01/24 edition. Until then, you can also use the 08/31/21 edition. You can find the edition date at the bottom of the page on the form and instructions.
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
Number 89
Volume X
Washington, D.C
A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS
This bulletin summarizes the availability of immigrant numbers during May 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.
Background Context
Applied for I131, ReEntry Permit for my parents, who hold GC
Receipt Notice: 12/27/2022
Biometrics: Jan 2023
Left US: March 1, 2023
Approval Notice received: 03/07/2024 with validity from 02/29/2024 to 02/27/2026
Question
While the intention is to be back in the US as soon as possible, can parents stay outside US till 02/27/2026 or do they need to be back before Feb 25, 2025 (as it would be two years by then since they left)?
Can the re-entry permit be used for multiple entries, or is it just for one-time use?
One can stay outside the US for the entire validity period of the re-entry permit, and yes, they can use it for multiple entries during that time.
Can someone in H4 + EAD status receive unemployment benefits if they only worked on H1b status? Would receiving such benefits be considered a public charge or have any other negative impact down the road?
Unemployment benefits in the US vary by state and can be complex. If you are an H1B visa holder who has been laid off, you may be eligible for benefits during your 60-day grace period, but it's important to confirm with your state's unemployment office. Regardless of your visa situation, it's important to remember that unemployment benefits are considered an earned benefit funded by your employer's contributions, so there's no public charge concern. Always check with your state's unemployment office for specific requirements and the application process.
The AAO reports its processing times by form type, displaying the total number of completions for the quarter and the percentage completed within 180 days, which is our goal.
The administrative appeals process has two stages: initial field review and AAO appellate review.
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
Processing Queue | Priority Date |
---|---|
Analyst Review | March 2023 |
Audit Review | December 2022 |
Reconsideration Request to the CO | May 2023 |