Guestbook Entry for Gautam C Ijoor , United States
Name
Gautam C Ijoor
Country
United States
State
Virginia
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MTR I-485 survivor benefits
We represented a client and her minor child. They had filed their I-485 applications as derivative applicants. Two months after the I-485 filing, the primary applicant, her husband died in a tragic accident. USCIS requested biometrics for all applicants, but she did not appear because she was informed that her I-485 application would not survive the death of the primary applicant. We filed a motion to reopen the case, showing that the applicant was and is legally entitled to survivor benefits under the Immigration and Nationality Act.
Status
I-485 AOS reinstated
Green Card
If you like to know what is going on with ur 485 - You all must read
When an I-485 is accepted at the Service Center, requests for FD-258 FBI fingerprint checks, fingerprint fees, and G-325A consular background checks are made by USCIS. Responses to these requests come back to USCIS and must be matched up with the appropriate files held in staging. File Maintenance "file connects" these responses to the corresponding files.
Green Card
485 approved on NIW at CSC, some guidelines
Here are some experiences with regards to my entire track from NIW I-140 petition to I-485 approval. I had somewhat of an unique case, so if anyone here is in the same boat, this may be of help to you. I have done the entire process by myself, without an attorney, and long hours of research in the law library on U.S.C. Section 8.
Arrived to US in 1991 on J-1, not subject to section 212e, changed to F-1 on arrival. Became an H-1 in 2001 and filed for NIW in March of 2002, case was backlogged due to 9-11.
Green Card
Permanent Residence Status
Email
maitagual@yahoo.com
Dear Readers,
My experience went really well perhaps due to changes in the immigration procedures meant to make some applications process faster so that one can go on with life while waiting to gain finally permanent residence status?
I applied for a permanent residence through marriage to a US citizen while in F-1 status. Please note that I applied after our two year anniversary so the conditional permanent resident status would not apply. Here is the time line for my application process:
Green Card
Filing for Permanent Residency
I am originally from Maryland and I met my husband when I was attending college in Houston, TX. After I completed college, I moved back up to Maryland to spend time with my family and I also got a very good opportunity to work, in Washington D.C. My husband and I decided to get Married in February 2002, and I decided to move back to Houston so we could start our lives together. By the time I could wrap things up in Maryland and finally move to Houston it was August 2002.
Green Card
Executive Actions on Immigration - USCIS
On November 20, 2014, the President announced a series of executive actions to crack down on illegal immigration at the border, prioritize deporting felons not families, and require certain undocumented immigrants to pass a criminal background check and pay taxes in order to temporarily stay in the U.S. without fear of deportation.
Obama's Immigration Action, Discussion with Attorney Rajiv S. Khanna
Immigration.com
Nonimmigrant Visas
Immigration Law
Green Card
Substantial transcription for video
For updates, see my blog page on Obama's Immigration Action.
Takeaway points for legal immigration from President Obama’s executive action:
1. USCIS is “about to” publish the final rule on H-4 work authorization. That will make it possible for certain spouses of H-1 holders to get work authorization.
2. Improving employment-based green card backlogs by:
a. Making visa issuance more efficient so no immigrant visas are wasted;
b. Providing for better AC21 rules and other ways to keep immigrant visas intact after a change of jobs. USCIS will clarify what constitutes “same or similar” job so that AC21 will not stop workers from getting promotions or even changing to related jobs within their field. USCIS must clear the path to career progression for green card applicants.
3. Expandingfurther the OPT time for STEM students, but creating tighter control on which universities/schools/degrees are eligible and ensure local workers are protected (Implement some sort of a “mini PERM?”).
4. Creating opportunities for foreign “inventors, researchers and founders of start-up” companies to come to the USA through an existing program called “National Interest Waiver.” Unfortunately for India, this is an EB-2 category program requiring several years of wait. But the following parole program will help:
a. Creating a parole (which is usually a temporary, but very quick measure and could eventually lead to a green card) program so that on a case-by-case bases, “inventors, researchers and founders of start-up” companies can be brought quickly into the USA where:
i.They have raised financing in the USA; OR
ii.Otherwise hold the promise of innovation and job creation through development of new technologies OR cutting edge research
5. Creating guidelines for exceptionally qualified or advanced degreed individuals to come to the USA through an existing program called “National Interest Waiver.” As noted, unfortunately for India, this is an EB-2 category program requiring several years of wait. But the parole option above could be helpful.
6. Providing clear guidance on L-1B program as to who can qualify.
Guestbook Entry for Zinnia Mukherjee, United States
Name
Zinnia Mukherjee
Country
United States
State
MA
US Immigration Questions, Jan 22, 2015 Free Community Call with Rajiv (Every Other Thursday)
Immigration Law
Green Card
Guestbook Entry for Gayathri S, United States
Name
Gayathri S
Country
United States
State
Texas
Can You Do Business in USA on your current Visa?
Working Outside USA While in GC or H-1 Process
Priority date retrogression -- consequences and concerns (Updated 10 April 2012)
The current prediction that the priority dates for employment based green card applications are likely to retrogress again has brought a lot of speculation and questions from our clients and our community. Let me clarify some of the questions and concerns.
Q. What happens if my priority date ('PD') retrogresses while my I-485 is still pending?
I-485 FAQ
The following questions were asked in today's community conference call. I feel the answers should be of use use to many folks.
USCIS Investigation Questions
Following is a list of questions recently asked by a USCIS investigator of an H-1B employee working at a client site. If you are a member of our compliance group of employers, attend the free conference call scheduled for employers only on 7th July 2011. Membership in the group is by invitation only.
1. What is your name?
2. Can see your ID card?
3. How long you are in US?
4. Have you been visited your home country?
5. Who are you currently employed with?
6. How long have you been with your employer?
7. What is your job title?
8. What are your wages?
How soon can I leave the employer after I get my GC
Q. How soon can I leave my petitioning employer once I get my green card approval?
Getting F-1 while I-485/AOS is pending
Trying to get an F-1 while an AOS/I-485 is pending has been a recurring theme in our community. Last year in May/June we had spent two hours talking about this theme in our community conference calls. A lot of people wanted to do their MBA and were not able to wait for their green cards to join school.
Generally speaking when you have exhibited immigrant intent, getting an F-1 becomes difficult. On top of that, USCIS has said that F-1 is not compatible with a simultaneous I-485. But USCIS has never told us what happens if do file for an F-1 while an I-485 is pending.
Adoption for US Citizens, Immigrants and Nonimmigrants
Quite a few of our community members have asked me about the basic laws governing adoptions. One of my colleagues has prepared brief write up for you.
Reassignment of I-485 to alternate eligibility
In a recent meeting, Nebraska Service Center has clarified why, some times, in cases of pending I-485 applications, USCIS approves AOS interchanging the applications of the derivative and principal applicant: