Visa Bulletin - March 2019
Number 27
Volume X
Washington, D.C
Number 27
Volume X
Washington, D.C
Effective immediately, USCIS will begin accepting copies of negative consultation letters directly from labor unions relating to a current or future P nonimmigrant visa petition. A consultation letter from a U.S. labor organization is generally required for petitions in the P visa classification, which covers athletes, artists, entertainers and their essential support personnel.
uidance Clarifies Agency Requirements for Petition
USCIS will resume premium processing on Tuesday, Feb. 19, for all H-1B petitions filed on or before Dec. 21, 2018. If you received a transfer notice for a pending H-1B petition, and you are requesting premium processing service, you must submit the premium processing request to the service center now handling the petition.
U.S. Citizenship and Immigration Services (USCIS) has received enough petitions to meet the congressionally mandated H-2B cap for the second half of fiscal year (FY) 2019. Feb. 19, 2019, was the final receipt date for new cap-subject H-2B worker petitions requesting an employment start date before Oct. 1, 2019. USCIS will reject new cap-subject H-2B petitions received after Feb.
PERM Processing Times (as of 1/31/2019)
I had an approved i140 from employer A for over a year. And my wife has her H4 and EAD approved recently (employer A).
In between, I switched to a new employer B and they have filed her H4 and EAD together with my H1b application. Currently her H4 & EAD is pending from employer B, but my H1b from employer B is approved. my i140 with employer B is not started yet but previous employer i140 was approved for more than 180 days. In this scneario, can the H4EAD approved with my previous employer A's i140 can still be used/valid?
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.
My parents are getting ready to file their N400 naturalization application online soon. Here is their situation :
They got their Green Card ( I sponsored them) in April 2013. They have made four trips to India , two of which were less than 32 days. However one trip in 2013-2014 was for 204 days but this trip is outside of the 5year look-back period now. They took another trip in in August 2014 ,returning in March 2015 for a total of 193 days outside. They had to stay back longer due an unexpected health issue when my mom had to undergo surgery. They have paid filed their tax returns as a resident for every year since getting their GC even-though they do not owe any taxes - they do have some passive income in India. They do live with me and while they have bank account there are not many transactions in it. Also they have medical coverage through ACA where they get premium assistance. Would 5 years of tax returns along with medical documents that show my Mom's diagnosis and surgery followed by physiotherapy be sufficient to overcome the presumption of abandonment of residence in US because they stayed about 13 days more than 180 during their trip in 2014-2015 ?
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.
The USCIS Contact Center is currently experiencing higher than normal wait times for callers to speak to a representative. While the center is working to resolve this, the center encourages you to use the online tools.
Our client received a decision denying his request for naturalization based on allegations that he failed to continuously maintain lawful immigration status since initial entry.
Changes will increase transaction security and reduce processing errors
WASHINGTON—On Feb. 25, U.S. Citizenship and Immigration Services (USCIS) expanded the fee payment system used in field offices to 16 additional offices:
USCIS denied our client’s Form I-485, alleging that the applicant failed to demonstrate eligibility for adjustment of status because a final disposition regarding a criminal charge under India’s Dowry Laws was not provided.
We recently filed an application for an EAD based on compelling circumstances for a client with a serious, debilitating medical concern. The applicant was on an H-1B status.
Recently, there was an ICE raid on students enrolled in University of Farmington, Michigan. I was temporarily enrolled for a year and half there (Feb 2017 - Nov 2018). I left USA on my own volition in May of 2018. The univ eventually terminated my SEVIS for non-payment in Nov 2018. I'm looking to apply for a tourist visa to USA. What potential issues might arise?
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.
This has been my N400 timeline so fa
My I-94 expired on Dec 13th last year. Company filed for extension but RFE....now i will be laid off on Feb 9th and my company will not file for RFE response. How many days do i have to leave the country? Do i need to leave immediately on Feb 9th or can i leave by Feb 13th or 14th ? Will 5 days of out of status impact my future applications ? Also another company has offered me a job. If they file for H1B do they have to do it after I leave the country or can they start it and i can leave in between and do Counselor processing?
Watch the Video on this FAQ: H-1B or other status denied - what is my status?
Video Transcript
Basic Concepts to be in Status
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.
U.S. Citizenship and Immigration Services (USCIS) announced today that it will now accept credit card payments for filing most of its forms.
USCIS updated the following form(s):
WASHINGTON —U.S. Citizenship and Immigration Services (USCIS) announced today that petitioners and applicants who seek immigration benefits must provide a valid signature on forms submitted to the agency. In an effort to protect and safeguard the nation’s immigration system and those who benefit from it, power of attorney signatures will no longer be accepted.
H1 to H4 COS pending from Jul 14 2017. I94 expired Nov 2nd. H4 to B2 applied on Oct 31 2017 as per our attorneys suggestion due to some delay with spouses visa. Spouse's H1 is now approved. I would like to get my H4 as soon as possible and apply for H4 EAD. Can I go to Canada/ any close by country and get my H4 stamping done while the petitions are pending or wait till H4 is approved? or going to India is my only option
Video 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.
I will be short and point out my experence
in
Have an I140 approved with a priority date of Oct 2009 under the EB3 category and worked for the same employer for over 10 years from 2007 - 2017
I filed for my AOS in December 2017 using Cross Changeability since my spouse is born in Malaysia
I left my employer after 2 weeks of filing the AOS for a better opportunity in terms of Compensation
I used my approved I140 to get three years of H1b extension. My new job and position are in the same category and my new employer is ready to provide Supplement J if needed
It has been almost two months since the filing and have received all the receipt notices and have also done the fingerprinting and haven't received any RFE Yet. Do you foresee any issues arising in near future and jeopardizing the application because I left my employer before 180 days of AOS pendency?
Watch the Video on this FAQ: AC 21 job portability, changing jobs before 180 days
Video Transcript
I do not see any issue other than the time issue so if you are able to have the I-485 pending for 180 days you are good. More...
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.
USCIS recently updated the following USCIS form(s):