A message for new immigrants:
You now have the option to create a USCIS online account when you pay the USCIS Immigrant Fee. A USCIS online account will let you easily track the status of your Green Card, receive electronic notifications and case updates, and change and update your mailing address.
Although anyone can pay the USCIS Immigrant Fee on your behalf, only you can create a USCIS online account. Creating a USCIS online account is voluntary.
My H-1B visa is going to expire in 01-Jan-2018 and if my employer submits my PERM application in the month of June (i.e. before 6 months of my current 6 years of H-1B visa duration).<br>
1) If my PERM gets approved before my current H-1B visa expires (i.e. before 01-Jan-2018).<br>
Would I be eligible for a H1B extension for 1 year since my PERM was approved before the current H-1B expiration?<br>
2) If my PERM gets approved after my current H-1B expires can my employer file for H1B extension of 1 year since my PERM is approved now.<br>
3) If my PERM is not approved before my current H-1B visa expires.<br>
Would I need to go back to India?<br>
4) I spent about 2 months (on vacation) in India. Can these 2 months be added back to my current H-1B visa? or this can only be added if my current employer files for my green card?
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I am a permanent resident, a citizen of Poland. I want to study medicine in Poland. The program lasts 6 years. I don't want to abandon my status and want to understand if such long-term abroad is possible. If I am not mistaken GC holder can be away 6month-1 year. But, since I'll be out of US on regular basis, so it's best to apply for a reentry permit?
Video Transcript:
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I am in I-485 pending status based on EB2 and have been working on EAD since 2012. Under the new rules effective January 2017, I understand that I can file for EAD extension 180 days prior to expiration. Will EAD be considered extended automatically if the approval doesn't come before the expiration of my current EAD?
Video Transcript:
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I am a US citizen and would like to sponsor my brother for Permanent Residency. How long would it take for him to get Green card.If I file green card for him, does his family (His wife and kids) automatically get green card or should I file for each of them? I think I should for all. Just a question? He gets a EAD (so he can start working) when I file Green Card?
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How do we keep up with the rumors and changes in the laws? My I-140 is approved in 2013 and priority date is on 2013. Do you have any inside on country quota elimination bill?
Watch Video on this FAQ: How do we keep up with the rumors and changes in the laws
Video Transcript:
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This has been quite an amazing journey towards my citizenship. People have been super nice and responsive.
I arrived in the US in Jan 1995 (so I have lived here in the Cleveland area since then, roughly 21 years - went to College of Wooster). I got my greencard in 2001 (had it for the past 15 years) and now I am ready to be a US citizen!
They received my package on March 14.
My biometrics was on April 12th (29 days from application)
My interview is on May 23ed. (2 months and 10 days since application)
I am a US citizen. My parents (father 72 y and mother 65y) have a valid multiple entry visit visa to USA issued in 2012 and valid till 2022. They used to make short visits to USA every year till 2016 with duration of stay averaging around 55 days each year. After my father’s retirement in April 2017 they have settled down in India.
During their visit in June 2017 they stayed here for just under 6 months (174 days). They visited this year as well for about 173 days, arriving in SFO in June 2018. Upon their arrival at SFO, the CBP officer cautioned that the 6 month stay is not acceptable each time they visit, perhaps they will be given only 1 month stay during their next visit and that they should apply for green card if they wish to stay longer.
Based on your expertise, we would appreciate if you could let us know whether there is a possibility that the CBP officer would have placed an adverse remark/ comment on their system and would enforce a short stay of 1-2 months during their next visit (tentatively in June 2019). Being aged, they are more comfortable with making 6 months visits on multiple entry visa rather than staying for longer periods in USA to keep Green Card valid.
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Are you preparing for the naturalization test? As you study for the U.S. history and government (civics) test, make sure that you know the most current answers to these questions.
I am exploring an option to move to Canada temporarily in order to save my Canadian PR. My PD date is March 2012 and have an approved I140. Currently my H1B extension based on approved I140 is in process and hopefully it shall come soon and will be good till Feb 2022. Plan is to move to Canada after H1B approval and H1B visa stamping from India. <br>
Questions<br>
1. If Priority date becomes current during my stay in Canada then what are my options.<br>
2. If Priority date does not become current and I tried to enter US after staying for more than year outside US. Two situation could occur H1B extension (I797) is still valid (before Feb 2022). Will I be challenged at port of entry whether i am going to perform the same duties as mentioned in I-129.<br>
3. To convince them on job responsibilities will the letter from employer be sufficient Or need something else?<br>
4. Recent pay stubs shall also be helpful to prove my continue employment with my same employer ?
5. H-1B extension (I-797) is expired (after Feb 2022) OR because of some reason I have to file new H-1B extension to enter Can i use my approved I-140 to file new H-1B extension(or claim the H-1B period) and that will be cap exempt ? OR I have to file new H-1B petition and re-enter the lottery.
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1. Am I allowed to open a corporation and run a business on GC-EAD?<br>
2. If no, can I still work on a 1099 and file my taxes or do I have to be on a W-2 for an employer?
Watch the Video on this FAQ: Starting business on I-485 EAD
Video Trascript
1. Sure you can. You can work for yourself, you can do multiple jobs as long as you have an EAD.
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1. I have approved I-140, on 7th yr of extension and my current H1B Visa and I-94 valid with emp A until dec 31,2018 based on my latest approval I received in Nov 1st week.
I have another 1 month to apply for an extension and I am requesting my employer to apply in premium processing.
1)If my extension is applied in Premium before I-94 expiration but pending beyond my expiration date 12/31/2018,
I will be 'out of status' even though 'authorized to stay' until decision is made. Is this correct that this may affect my future H1bs in case it is denied
and attract NTA(notice to appear) in future because of my 'out of status' from date of expiration to date of denial or while leaving the country upon denial.<br>
2. Is it better if I leave the country on the last day of my I-94 expiration(Dec 31, 2018) while my H1B extension is pending in order to avoid 'out of status' or 'unlawful presence' scenarios by staying here.
If I leave the country while extension is pending in above scenario, is it possible for me to go for consular processing, get VISA stamped after it is approved and enter the US legally?
or
is h1b extension is considered as abandoned?
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WASHINGTON— USCIS has launched a new Online Fee Calculator to assist members of the public in calculating the correct fee amount to include when filing their forms with USCIS at an agency lockbox facility.
Rajiv S Khanna PC & Case Manager Vijay Durgam has been phenomenal. Detail oriented, patient and relentless. My case has been handled with utmost care. The flawless handling is reflected in the outcome.
I applied for EB3 in 2011 and port to EB2, now EB3 dates are moving forward and if it reach to my priority date am I still eligible for EB3 as I initially applied for or do I need to downgrade to EB3. Will there be any questions raised?
Watch the Video on this FAQ: EB-2 approved applying for EB-3
Video Transcript
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Number 26
Volume X
Discussion Topics, Thursday, 10 January 2019:
FAQ: The logistics of porting a priority date, how to? ||Consequences of and logistical problems in dealing with criminal arrests or convictions in immigration cases||What to do when the 240 days H-1B work authorization is expiring?||Downgrading a case from EB2 to EB3 for priority date advantage||
Other: How to calculate H-1B time while the case is pending ||Successor in interest cases ||Transferring family-based cases ||Converting pending H-1B cases to premium ||H-1B visa stamping problems ||CSPA issues while the I 140 is pending||Filing an appeal against H-1B denial ||Effect on employment-based green card of relocation or moving abroad || REmoval of condition on green card through marriage
PERM Processing Times (as of 12/31/2018)
I am H4 dependent visa holder. My I94 expired 9 months ago on Feb 2018 due to old Passport expiration. But my visa is valid until Dec 2019. I have over stayed more than 180days >365 days. I recently realized my mistake.Can you provide the best solution for this I94 problem? Explain please.
Watch the Video on this FAQ: I-94 expired -- Unlawful Presence
Video Transcript
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I had a approved I-140 from Employer-A under EB3 category with PD-Oct’12. My new Employer-B filed for I-140 under EB2 and obtained an approval. However, the PD is Jul’18 even though priority date porting was requested. Employer-A has not revoked the approved I-140. Not sure if this is a typo or default PD on the form with the assumption that I-485 can be applied when EB2 is Oct’12.
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My priority date is 2013. I had one misdemeanor case in 2015 and within 2 months of time, case was dismissed by judge and judge issued expunged order also same time. I have not disclosed this to my present company. Can I file 485 without involving my present company and company attorney ? if yes where I can find some more information ? Do I need to submit all the document to Immigration officer ? I have sentencing certified copy and expunging record, do I need to get ' An original official statement by the arresting agency' and 'complete arrest record' ? as case was expunged, so I may not able to get the this document.
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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.
Thanks to Rajiv and Heather for successful approval of my I-140 approval. Journey started with some questions as student visa holder where Rajiv answered all of my questions with full patients and at the end of call he Refunded my fees bcoz he doesn't charge any fees to students. Next was H1b process where my chance of approval was very slim and the company was at its starting phase. Having no options on table we took a chance, with Rajiv's skills and tremendous experience he made the case that no one can deny it and we got it approved. Same thing with I140 stage where also chance of approval were very slim due to change in conditions of business, he offered me to abandon the case in middle and save his fees which I think no one in his profession would do that. Then we decided to put some faith in god and Rajiv' S expertise as we already knew he can make the case with any situations. and here we go I140 approved.............Hoorey.............he did it. Thank you you are the best ...