Secretary of Homeland Security John F. Kelly has extended Temporary Protected Status (TPS) for eligible nationals of Haiti (and eligible individuals without nationality who last habitually resided in Haiti) through Jan. 22, 2018. After consulting with the appropriate U.S. government agencies and reviewing country conditions, Secretary Kelly has determined that a limited, six-month extension is warranted.
As of May 25, 2017, USCIS has received a sufficient number of petitions to reach the maximum possible numerical limit (the “cap”) of workers who may be issued CNMI-Only Transitional Worker (CW-1) visas or otherwise provided with CW-1 status for fiscal year (FY) 2018. Although the FY 2018 cap has not been set, it is required by statute to be less than the 12,998 workers set for FY 2017.
Do the 3 years spent in residency training in an HPSA/MUA area be counted towards the five years required for NIW? The residency training (3 years) and subsequent job (2 years) were on H1B visa in two different HPSA/MUA areas but not processed through NIW route. Can the NIW petition be filed now retrospectively for those years already worked in underserved areas? My current GC sponsoring job is in a University teaching hospital (job designation Assistant Professor) but obviously also involves treating patients. The PERM prevailing wage category was teacher/ Professor but job description included patient care. Can the job be changed to that involving only patient care (no teaching) and still be considered same/ similar? How about a job (with patient care only & no teaching) in a private practice (as opposed to hospital employee)?
Watch the Video on this FAQ: Physicians (FMG) NIW, AC21 portability, Teaching to clinical position
Video Transcription
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I would like to know is there anything change in recent EO's that prevent one get Green Card or USC when a person issued a SuperSpeeder ticket. Is this considered a misdemeanor?
Watch the Video on this FAQ: Impact of a misdemeanor under Trump EO
Video Transcript
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1. Can we file multiple green cards together? If yes what will be the side effect? <br>
2. My company filed my green card in EB-2 category and I-140 is approved with priority date 2013. I want to give a try with EB1 category personally if I will try in EB-1 and let’s say it is not approved, then will it affect my EB-2 green card?<br>
3. Should job description match in EB-1 and EB-2?<br>
4. What may all possible issues occur?
Video Transcript
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1. Can an H-4 EAD person open a small business like ice cream shop as part time?
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2. Also can h1b spouse support the maintenance of the business without taking any remuneration. Is it legal and allowed?
Watch the Video for this FAQ: Activities permitted under H-4 EAD
Video Transcript
1. With a H-4 EAD, you can do anything you like. You can work, you can choose not work, you can start your own business, you can work three hours a day, you can work ten hours a day, you can work eighteen hours a day.
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USCIS has published a revised version of Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, with an edition date of 09/17/18. This revised version removes the geographic requirement for sending an original notice to a U.S. address for attorneys and representatives that had been added to the 05/05/16 and 05/23/18 versions of the form.
I have an H-1B visa stamped from employer A and the employer B has filed my H-1B (Transfer visa) based on the H-1B petition visa from employer A. Now, my H-1B visa filed by employer B is on RFE and my employer A wants to file the GC based on my previously approved i-140 from employer C. Below are my questions: <br>
1. Can I reject the offer from employer B and still continue to work with employer A on current Visa if my H-1B from employer B is approved?<br>
2. Can I reject the offer from employer B and still continue to work with employer A on current Visa if my H-1B from employer B is denied?<br>
3. In case my visa from employer B is rejected do I need to leave the country and come on the stamped visa which I have now?<br>
4. Can I ask employer A to file my Green Card even if my H-1B from employer B is rejected or approved without any issues or do I need to provide any visa documentation to employer A on my petition from employer B being approved or rejected?
Can I immediately file the Green Card with employer B (after joining the employer B office) if my visa from employer B is approved?
Watch the Video on this FAQ: Can I join my old employer if the H-1B transfer is denied?
Video Transcript:
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I am 38 year old Banker working in Doha Qatar, I have 16 year old son studying in 10th grade in Qatar, Recently I came across radio advertisement from Dubai that to avail Green Card I need to invest 500,000/- USD with projects of those construction companies stating that within 18 months I can avail conditional green card and within the next 24 months, I will have permanent Green card. My investment of 500,000/- USD will be returned back after five years without any interest or benefits. Once I will have conditional green card , will my son be eligible to get admission in US universities under Local student fees structure and not international fees structure.
Watch the Video on this FAQ: Green card based upon investment – EB-5
Video Transcript:
When you are doing an investment based green card first of all you have to look at these moving parts:
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I & my wife are completing 5 years now on US Green Card, but are apprehensive to go ahead and file for our US Citizenship under the current circumstances. We also read that PR's who are using state or federal benefits are more susceptible to denials. I am making close to 200K salary and not dependent on any govt sponsored benefits or funds. But our kid has been diagnosed for Autism and he is receiving services from Department of Developmental Disabilities (DDD). The State alone is not paying for his services but we are primarily being billed on our private medical insurance for his therapy sessions every week. The school he is attending may be getting some funds for his additional care at school, considering his medical condition. Our questions are: Since we have been using DDD services for genuine medical reasons and I am in the higher salary bracket, would this be an issue for us in getting our Citizenship? Are the denials only for low income groups who are getting benefits from the government? Should we wait for some more time to apply for Citizenship?
Video Transcript:
Under the current regulations the prohibited benefits are:
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USCIS is proposing to revise our Form I-912, Request for Fee Waiver, to remove the receipt of means-tested benefits from the eligibility criteria. A means-tested benefit is a public benefit where eligibility for the benefit, the amount of the benefit, or both, is based on an individual’s income level.
F-1 students who have an H-1B petition that remains pending on Oct. 1, 2018, risk accruing unlawful presence if they continue to work on or after Oct. 1 (unless otherwise authorized to continue employment), as their “cap-gap” work authorization is only valid through Sept. 30.
DATE | Chart for all Employment - Based I-485 Pending Inventory |
July, 2018 |
USCIS recently updated the following form(s):
U.S. Citizenship and Immigration Services expanded its policy guidance (PDF, 290 KB) regarding unlawful acts that may prevent an applicant from meeting the good moral character (GMC) requirement for naturalization.
Processi |
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Discussion Topics, Thursday, December 12, 2019
FAQ: Change in green card job responsibilities and/or job title during the process || Variation in H-1B job approved and actually performed || How far ahead of job or petition start date can I apply for H-1B visa stamping? || Parents’ birth certificates || Must we maintain H-1 or L-1 status while I-485 is pending? || Consequences of losing my job on H-1B and revocation of I-140 || Does withdrawing a timely filed application/petition with the USCIS lead to unlawful presence? ||
OTHER: Naturalization interview canceled || Expediting I-485 || Risks of changing jobs while I-485 is pending -- AC21 || Traveling while H-1B extension is pending || Discrepancy in names || Applying for green card for parents, etc. || Visas for same-sex partners from countries where such marriage is not allowed || H-1B for small companies, etc.
Number 37
Volume X
Washington, D.C
I'm working in an organization since December 2009. When my green card was filed in January 2016 my job title was "Senior Engineer", and the roles and responsibilities included following -
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· Generally someone with industry knowledge and/or software knowledge
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· SME in multiple areas
· Able to assist in even more areas
· Able to work without management intervention
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My I-140 is approved, and Priority Date is January 2016. I'm due for promotion to the job title "Consultant", and the roles and responsibilities would be following -
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· SME in a lot of areas
· Able to work in any area
· Able to talk accurately about the whole product whenever and wherever regardless of audience
· “Manager” on the floor, a mentor to “all” that need help, trusted adviser
· The one that the Engineer level people go to and want to be
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My Manager and HR mentioned that they will have to file amendment for change in roles and responsibilities that matches with new title. They are concerned about filing amendment, and they mentioned that they are seeing less than 50/50 success rate and there is high risk involved in changing title as my green card might get declined.
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I'm very surprised that changing only couple of responsibilities can jeopardize my green card processing, and I'm also finding it unbelievable that I can't get any promotion within same organization till my GC is approved, which could be another 10-15 years.
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I thought since green card is filed for the future position, so there should not be much risk involved in filing amendment. I've seen many of my friends and family getting promotions within same organization after their green card process started. Since I'll be working in same organization and same team, and there is no drastic change in roles and responsibilities, so do we still have to file amendment? Can the amendment be filed later with I-485, or is it better to go back to old job without filing amendment?
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Published by : ETtech From the Economic Times - Article by: Priyanka Sangani - Date: December 20, 2019
Quotes and Excerpts from Rajiv on the article:
U.S. Citizenship and Immigration Services is updating the USCIS Policy Manual to clarify the effect of travel outside the United States by Temporary Protected Status (TPS) beneficiaries who are subject to removal proceedings.
Ever wondered to find an immigration attorney who not only takes interest in working with you saving your time but also knows the current immigration landscape. This is exactly how I feel about working with Rajiv and Diane they are masters in what they do they’re sincere well-versed with the current immigration landscape in the US. I could not thank them enough for the thorough analysis and guidance Through the EB1 one green card process. Also big kudos to Marty for all the work you do!! This is actually a dream team. God bless.