Can we file two PERM simultaneously, one for the current job level and one for the future promoted level? My employer filed my green card based on my master's degree and no experience as a job requirement. So, what are the chances it will pass recruitment during PERM, keeping the current recession in mind?
Technically, you can apply for two jobs like this because they are two different jobs. Definitely when there are specific skill requirements the chances of success are a lot better.
I am in 3rd year of an H1B visa, and my current employer has filed for a green card (currently in the PERM process). I am currently a Sr. Energy Engineer with industry experience of 5+ years.
I have evidence for all the criteria. Do you think I might be eligible for the EB1A category?
EB-1As are given based upon the two-step analysis. The first step is quantitative: Do you meet three out of ten requirements and if you do then you go to step two. Click here for more
I was on F1, and my spouse was on F2. My H1B was approved in 2020 for client A, but COS from F1 to H1B was denied, so I just continued my F1 status. Later, I moved to client B, and my employer filed an H1B Amendment and got the complete approval with I-94, effective 29th April 2022. After approval, we filed I539 for my spouse's COS from F2 to H4 (still pending) with a receipt date of 17th May 2022.
Question: Since there is a gap between my H1B start date (04/29) and my H4 receipt date (05/17), may the USCIS deny our case? If so, what are our best options to proceed further?
Technically Yes, this can be an issue.
USCIS recently updated the following form:
Form I-129, Petition for a Nonimmigrant Worker
11/02/2022 12:05 PM EDT
Given the current situation with tech layoffs, I wanted to understand the options available for people in my situation.
I’m currently working in the US on H-1B and my GC application (I-485) with PD July 2014 and 485 is in “Case remains pending”.
I have 485 EAD approved till 2024 and Advanced Parole is still pending.
Now if someone switches to EAD and their date becomes current before they can find a job. What are their options?
Also, do we have any info on what the status “Case Remains Pending” means?
1. Switching to EAD is very easy. There is no formal process for it. All you have to do is when you want to convert from H-1B or if you have been laid off present your EAD as documentation of your authorization to work.
2. Travel back into the United States with an H-1B visa and that of course comes after you get an approval from the USCIS.
3. In a case like this you should get your approval. Make sure you get the next job in the same or similar field. Keep some documentation that shows they are in the same or similar field.
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Release Date
U.S. Citizenship and Immigration Services reminds affirmative asylum applicants that, starting Sept. 13, 2023, you must bring an interpreter to your asylum interview if you are not fluent in English or wish to proceed with your interview in a language other than English.
FAQs: Do Canadian citizens need US visas? Canadian citizenship and F-1 Exploring permanent work and stay options in the U.S. for Canadian Permanent Resident Preparing for birth certificate issues in USCIS applications: Affidavits, DNA tests, and timing considerations H-1B approved after the lottery, can we change employers? Multiple employers in H-1B lotteries Paystub requirement for H-1B transfer eligibility: Is it mandatory? Delays in marriage-based immigrant visa processing: Expedite options and travel issues
Number 82
Volume X
Washington, D.C
A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS
This bulletin summarizes the availability of immigrant numbers during October 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.
Release Date
Weeklong celebration highlights naturalization ceremonies and new initiatives
WASHINGTON—U.S. Citizenship and Immigration Services will celebrate Constitution Day and Citizenship Day by welcoming more than 6,900 new citizens in over 130 naturalization ceremonies across the nation between Sept. 17 and Sept. 22.
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
Immigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
Rajiv Khanna Blog: http://www.immigration.com/blogs
Twitter: https://twitter.com/immigrationcom
Facebook: https://www.facebook.com/immigrationd...
Linkedin: http://www.linkedin.com/in/rajivskhanna
Source: https://www.ice.gov/doclib/sevis/pdf/COVID19_FAQs.pdf
Also useful: https://studyinthestates.dhs.gov/stem-opt-hub
Processing Queue | Priority Date |
---|---|
Analyst Review | October 2022 |
Audit Review | June 2022 |
Reconsideration Request to the CO | December 2022 |
I will be eligible for my Canadian citizenship in March 2024 and will be pursuing a master's in the US for the fall 2024 intake. Do I have to get the F1 student visa stamped on the Indian passport (as the Canadian passport will take some time to process)? If yes, do I need to go to India to get the F1 visa stamped, or can I get it from a US consulate in Canada?
The processing time for the Canadian passport might be longer, so I suggest you check with the consulate. This situation appears unusual to me. In my understanding or recommendation, the law implies that once you take the oath of naturalization, it's the same as in the USA. I'm unsure about Canada's specific rules, but when you take the naturalization oath, you typically cease to be a citizen of any country except Canada.
You may need to explore options to expedite your passport application, perhaps by paying emergency fees or any other required charges. I believe you should be able to enter the United States with a Canadian passport and an I-20 without needing a visa. Canadian citizens usually do not require a visa for entry.
As a Canadian PR and having completed my post-graduate studies in Canada along with five years of Canadian work experience (HR), are there any specific visas I can apply for to work and stay permanently in the US? I will be eligible for my Canadian citizenship in March 2024.
A Canadian immigrant doesn't enjoy any special advantages over others. However, once you attain Canadian citizenship, numerous new opportunities become available. For instance, you become eligible for Treaty Trader and Treaty Investor visas like E-1 and E-2, as well as TN visas. Additionally, for most visa categories, you don't actually require a visa stamp. As a Canadian citizen, you can enter the United States without a visa, except for E visas and K visas. Visas such as F-1 and tourist visas typically aren't necessary; you can simply arrive at the border or airport with your Canadian passport. That's how the process works. It's important to note that being a permanent resident of Canada doesn't provide any advantage in the United States.
U.S. Citizenship and Immigration Services (USCIS) announced that it is exempting the biometric services fee for Form I-539, Application to Extend/Change Nonimmigrant Status.
Quotes and Excerpts from Rajiv in the article:
My son-in-law was interviewed at the US Consulate in Frankfurt in May 2023 for a marriage-based immigrant visa. They have requested his CV with traveling details for further processing. His case has been in Administrative processing for well over 90 days. I have two questions:
1. Is anything can be done to expedite the process?
2. He has traveled to the US on a B1/B2 visa four times prior to his interview from Germany. Is there any problem with him traveling to the USA to visit his wife while his case is in Administrative processing?
Regarding his previous B1/B2 travel history to the U.S., there shouldn't be an issue with further travel while his case is in administrative processing. Although there's a slight possibility of being turned away at the airport, Customs and Border Protection usually treats spouses of U.S. citizens with consideration.
To avoid potential travel hassles, your son-in-law can clear U.S. immigration at Dublin Airport, which offers a more convenient option.
A general question on birth certificates for any case. If there are issues (like errors in names, spellings, etc.) and we know this upfront during/after the documents were submitted to USCIS, is it better to wait until the application is processed and an RFE is sent to us, or it is better to prepare affidavits from relatives (as secondary evidence) mentioning correct details of birth and keep it ready. The reason I am asking this is, sometimes getting affidavits in a short duration when the RFE is sent might not be feasible as relatives may not be available, maybe in different places, or may have even passed away.
Will USCIS accept affidavits by relatives prepared in the past, before the RFE was sent? Or is it only possible to prepare affidavits based on the specific questions raised in the RFE?
Also, how about a DNA test to prove relationships, can this be done and kept ready even if there is a likelihood of RFE in the future? Is this acceptable or should it be done only after an RFE is received for USCIS to accept the validity of this? This is again to save time, as there may not be sufficient time to get it ready during the RFE period, especially when applicants or beneficiaries live in different countries etc.
It is better to address these issues proactively rather than waiting for a Request for Evidence (RFE). While it's advisable to be prepared in advance, if an RFE introduces new concerns, you'll need to address them. However, this doesn't imply that the affidavits you prepared several months earlier will suddenly become problematic. If the affidavits are relatively recent, say one or two years old, it wouldn't be a problem.
Consider this scenario: If you had a spelling name issue and obtained one or two affidavits explaining it, and then the RFE raises this issue along with another one, you can simply provide supplementary documentation. The documentation you've already provided doesn't lose its validity just because the government posed additional questions.
In our practice, we only resort to preparing for a DNA test if it becomes the last resort because it can be quite expensive. I'm not certain about the exact cost, but we typically wait until the government explicitly asks for it.
Question 1: Can my H-1B be approved after the lottery, and can I change employers?
Question 2: Do I need pay stubs for an H-1B transfer?
Question 3: Can I have multiple H-1B employers?
Answer 1 : While there's no official answer, in our experience, you can transfer your H-1B even before October 1st when it's approved in August. No need for pay stubs from the previous employer, based on our experience.
Answer 2: If you never joined the employer, you won't have pay stubs, which is acceptable. Even if you join and leave the employer on October 1st without a paycheck, that's fine too.
Answer 3: Multiple employers are generally allowed unless they're connected or conspiring to manipulate the lottery, which is not allowed.
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