PERM Processing Times (as of 11/19/2016)
- As of November 19, 2016, OFLC/DOL is processing the Prevailing Wage Determination Requests for PERM . Please check the link for PERM Processing Times.
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Visa Bulletin For December 2016
This bulletin summarizes the availability of immigrant numbers during December 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.
Adjustment of Status Filing Charts from the Visa Bulletin
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.
CBP Launches the Electronic Visa Update System for Early Enrollments
Nationals of the People’s Republic of China with a 10-year visa will update their information every two years using EVUS
USCIS to Centralize Processing of Special Immigrant Juvenile Cases
Starting on November 1, 2016, USCIS will centralize the Special Immigrant Juvenile (SIJ) program.
Recording of Free Community Conference Call (Every Other Thursday), 3 November 2016
Immigration.com
Substantial transcription for video
Discussion Topics, Thursday, 3 November 2016:
FAQ: Impact on H-1 if converting to H-4 EAD; FAQ: TN work for multiple employers; Legal name change process in the USA.
Other: I-751 - removal proceedings NTA; Premium H-1 extension while H-1 amendment is pending; TN working concurrently on two jobs; TN applying for H-1, quota exemption; Impact on green card, I-140 if changing employers; Date of birth errors; F-1 reinstatement and H-1 pending at the same time; Change of status to TN; CSPA for consular processing; Priority date transfer; EB-2 PERM filing; L-1 stock ownership; Receiving bonus checks from end clients while working through H-1 employer; Refiling PERM if job has changed; Going to school if a green card is pending, etc.
Employers: You Can Use the Current Form I-9 Through Jan. 21, 2017
USCIS will publish the revised Form I-9, Employment Eligibility Verification, by Nov. 22, 2016 -- NOT Jan. 22, 2017.
USCIS Announces Addition of St. Vincent and the Grenadines to Eligible Countries for the H-2A and H-2B Visa Programs
USCIS and the Department of Homeland Security (DHS), in consultation with the Department of State, have added St. Vincent and the Grenadines to the list of countries whose nationals are eligible to participate in the H-2A and H-2B visa programs for the coming year. The notice listing the eligible countries was published on Oct.
Visa Bulletin - December 2016
Agency
Green Card
Immigration Law
What Happens to Existing Green Cards?
Question details
What happens to existing/pending green cards?
Nothing. The process continues. Changes in laws are not retroactive.
FAQ 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.
Immigration Under Trump, Radio Show 10 November 2016
Nonimmigrant Visas
Substantial transcription for video
Business Immigration, Employmenmt Based Immigration, Student Visas, Pending Cases
H-4 EAD FAQ, Converting from another work status (such as H-1) to H-4 EAD
H-4 EAD rule, click here for Rajiv's blog entry on H-4 EAD and related FAQs. Scroll down for latest updates.
USCIS Revises Form I-9, Used for All New Hires in U.S.
U.S. Citizenship and Immigration Services (USCIS) published a revised version of Form I-9, Employment Eligibility Verification.
By Jan. 22, 2017, employers must use only the new version, dated 11/14/2016. Until then, they can continue to use the version dated 03/08/2013 or the new version.
Among the changes in the new version, Section 1 asks for “other last names used” rather than “other names used,” and streamlines certification for certain foreign nationals.
Other changes include:
Guestbook Entry for Aparna, Canada
Name
Aparna
Country
Canada
State
Ontario
USCIS Publishes Final Rule For Certain Employment-Based Immigrant and Nonimmigrant Visa Programs
USCIS has published a final rule to modernize and improve several aspects of certain employment-based nonimmigrant and immigrant visa programs. USCIS has also amended regulations to better enable U.S. employers to hire and retain certain foreign workers who are beneficiaries of approved employment-based immigrant visa petitions and are waiting to become lawful permanent residents. This rule goes into effect on Jan.
Recording of Free Community Conference Call (Every Other Thursday), 17 November 2016
Immigration.com
Green Card
Substantial transcription for video
Discussion Topics, Thursday, 17 November 2016:
FAQ: Refused entry 212(d)(3) waivers; L-1A for functional managers; Leaving employer after getting a green card; Changes in immigration after Trump.
Other: AOS for out of status; Giving and receiving money on H-1B visa/status; Name error in I-140; Medicaid for parents; Translations; Functional managers on L-1A; Denial of I-130; Losing green card; Amending H-1 is vendor changes; H-1 visa revocation; H-1B extension beyond 6 years; Priority date transfer; H-1 visa stamping; F-1 OPT based upon an employer who was not joined, etc.
Guestbook Entry for Vimal, United States
Name
Vimal
Country
United States
State
Texas
Comment
I would like to thank Mr. Rajiv Khanna and his team for their proficiency on my GC case. Mr. Khanna is an expert and he clearly knows what is expected and best process to achieve target by providing all essential information with respect to the case. Mr. Khanna is always available to clarify the questions and respects the time to complete the action items on time. Special thanks to Mrs. Diane, She is very respectful and gives attention to detail on all levels of required documents. She follows up very promptly on action items. You are in the right place, if your case is handled by the Law offices of Rajiv S Khanna.
PERM Processing Times (as of 11/19/2016)
|
Processing Queue |
Priority Dates |
|
|
Month |
Year |
|
Analyst Review |
August |
2016 |
Audit Review |
April | |
Green Card
Immigration Law
I-140 EAD Regulations Effective 17 January 2017
2 December 2016
Radio Show Discussing Overview of the new I-140 EAD Regulations
Converting from another work status (such as H-1) to H-4 EAD
Question details
My spouse is currently working on F-1 OPT or H-1 status. How can he/she change to H-4 status and obtain H-4 EAD without a gap in the ability to work?
We have received several requests about how to ensure there are no gaps in a spouse’s ability to work when converting from another work status (such as H-1) to H-4 EAD.
The short answer, as of now (November 2016) is that here is no way to guarantee that there will not be any gap in a spouse’s ability to work. The problems arise from the fact that there can be a gap between change of status to H-4 and receipt of EAD. The law requires that EAD must be approved and the EAD card must be in hand for the H4 holder to work.
H-1B lottery layoff before start, Automatic status change, Multiple filings, and Traveling
Question details
Case: Picked for H1B lottery.
- What happens if the company lays off after June but before October 1? Would I stay on my current visa status? Or will I be on H1B but with a 60-day timeline to find the next job?
- Does the status automatically change to H1B on Oct 1? or does immigration require paystubs for a couple of weeks to prove our employment?
- If I file the petition with two companies separately, how will immigration decide which one to approve? Will they approve both?
- Are there any travel restrictions from June to Sept
FAQ Transcript
In this scenario, you won't be on H-1B status with a 60-day grace period to find a new job.
Layoff during Self-NIW application, changing jobs with NIW not yet filed, pending or approved
Question details
I started the self-NIW application while working with employer A, but for some reason, I could not file the petition. Later I got laid off from employer A and now I'm working with employer B.
I want to restart the NIW application. Questions:
1. Since I got laid off with employer A, will that be a challenge/red flag in my petition?
2. It's only been one month with employee B. Shall I wait some time at company B to restart my NIW application? or doesn't it matter?
FAQ Transcript
Answer 1. Being laid off is not a challenge/red flag.
Answer 2. There's no reason it should be. You don't need to wait to restart the application. You can file it even though you've only been with employer B for a month.
What is Cap Gap Extension? How does it work?
Question details
1) Is H1B cap-exempt to H1B lottery-based considered a change of status?
2) If I currently have an H1B cap-exempt visa and am filing for an H1B petition in June, when can I not travel outside of the US - from now to June, June to Petition Approval, or from Petition Approval to Oct ? My current H1B visa would be valid until Nov.
FAQ Transcript
Yes, potentially. It allows you to work while your STEM OPT expires (April 30th in your case), and your H-1B petition is pending, extending your work authorization until October 1st.
Visa Bulletin For June 2024
Number 90
Volume X
Washington, D.C
A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS
This bulletin summarizes the availability of immigrant numbers during June 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.
We are glad to advise you that we got our GREEN CARD approval yesterday at the US Consulate in Montreal. We are thankful to your team who have given us timely and precision advise during this process. Thank you Rajiv for your kind advise and attention at all times. We got awesome support from all. It was to the point and meaningful at all times. Special thanks to Diane who was always there to answer any of our questions.