USCIS Forms Update - Form I-907
USCIS recently updated the following form:
Form I-907, Request for Premium Processing Service
05/31/2022 10:01 AM EDT
USCIS recently updated the following form:
Form I-907, Request for Premium Processing Service
05/31/2022 10:01 AM EDT
Discussion Topics, May 12, 2022
Hello Rajivji, in other question, you mentioned you can not interfile as EB2 is converted to EB3. Can you please help clarify? Employer 1: PD April 2013, EB2 Employer 2: EB2 in Jun 2019 in Oct 2020, Downgraded to EB3 as amendment I-140 and this EB3 I-140 is approved, I got EAD/AP too. I interfiled with 485J in March 2022. Would my interfile be accepted? if no- what are my options? I don't want to stuck in EB3 for next 5-10 years! Thanks for your help.
When an I-140 downgrade to EB-3 has been filed as an amendment instead of a new case, to get back into the EB-2 category, you have to file a new I-140 using the same PERM application. If the dates are current, you can concurrently file for adjustment of status.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
I am currently on H-1B , which expires on 20 Jan 2018 , Instead of filing H-1B extension my employer filed for my COS on L-1A , As i meet all the eligibility criteria. I also have my EB-1C I-140 approved , but we cannot file 485 as the dates are not current. My L-1A COS is rejected (Denied) . Will this impact my already approved I-140 ?
Video Transcription
If your L-1A is denied and not just the change of status, then we have to look at the reason for denial. Typically L-1A is denied if the government feels that you don't rise to the level of an executive or managerial employee for whatever reason, whether it is on the foreign country side or the US side. If you don't rise to that level government can deny your L-1A and if they are denying the L-1A on that basis and your EB-1C I-140 was approved also with the same or similar job description, then obviously there is a potential impact because the criteria used for determining your eligibility for L-1A and EB-1C are the same as far as qualifying as a manager is concerned.
So indirectly because you are using the same job description you could have a problem with the L-1A denial. Yet now, if it is a change of status which can happen because you file your application two days late then the green card I-140 remains unaffected but then you have to worry about the unlawful presence problem. If you have been unlawfully present for 180 days you cannot come back for 3 years, except with a 212(d)(3) waiver and that's always a possibility in cases like these.
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.
1. I am on H-1B visa valid till sep 2018 , I came to India in November 2016 and applied for stamping of my visa here in New Delhi consulate , they kept my passport and some documents and told me it's in admin processing and will contact the client, as I was not working for that client during that time so they have rejected my visa after 3 months in January 2017 , the section they given for rejection is 212 (a) (6)(c)(i) which prohibits the issuance of visa for for fraud or willfully misinterpretation of fact. I check My USCIS online status of my H-1B says that my visa has been sent to the department of state. Will I be ever able to enter the USA ?
2.How to remove this Fraud charges on me?
3. I have a B1-B2 for 10 years in the year 2011, but that passport got lost in the USA, I got new passport from Indian consulate there and then I was traveling in H1-B mostly, So never bothered to inform and re-stamp my b1b2 visa from the consulate in India. How can I get my duplicate B-1/B-2 re-issued
1. Yes, if you can get a 212(d)(3) waiver for a limited time or limited purposes.
2. Make sure that this is not really an issue of fraud, get a lawyer don't expect immediate results. If you're lucky you might get this resolved in a few months, but it could take years. There is a waiver called 212(d)(3), you can look into that as well.
3. Basically, when you change passport, you just have to go get a new B-1/B-2 stamping done. It won't be a big issue.
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.