Nov 11, 2021 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)
Nonimmigrant Visas
Green Card
Discussion Topics:
Discussion Topics:
In this case our client retained us to respond to a Request for Evidence (RFE) that he had received for the I-130 that was filed on his behalf by his sister. There were two issues identified in the RFE: 1. His birth registration certificate was registered more than two decades after the client’s birth. Service requested we provide the oldest documentation available that would establish a sibling relationship between the petitioner and the beneficiary; and 2.
Release Date
12/08/2021
USCIS announced today that it will automatically extend parole and employment authorization, if applicable, for parolees who timely applied for Commonwealth of the Northern Mariana Islands (CNMI) long-term resident status.
Processing time of I-765 and I-131s - The EAD processing time should be back down to an average of around 45 days. The center aims to adjudicate all I-765s and I-131s within 50 to 55 days.
Processing time of I-765 and I-131s - The EAD processing time should be back down to an average of around 45 days. The center aims to adjudicate all I-765s and I-131s within 50 to 55 days.
For more updates click here .
Discussion Topics, Aug 18, 2022
FAQs: Change of employers after H-1B is approved and before October 1; the number of pay stubs required; revocation of H-1B before October 1 || I-140 was approved and then revoked in 2011. Can I keep my priority date and also apply for I-485? What is the deadline for filing I-485? || Impact of alternate wage survey for H-1B LCA; the success rates of H-1B extensions; AC21 rule when the company is bought by a successor-in-interest
Release Date: 09/07/2022
U.S. Citizenship and Immigration Services released revised editions of Form I-589, Application for Asylum and for Withholding of Removal, and Form I-765, Application for Employment Authorization, dated 07/26/22.
Release Date
09/15/2022
U.S. Citizenship and Immigration Services is implementing the next phase of the premium processing expansion for certain petitioners who have a pending Form I-140, Immigrant Petition for Alien Workers, under the EB-1 and EB-2 classifications.
Discussion Topics:
FAQ: Was Green Card approved in error? Time taken by the USCIS to respond to an E request for correction, travel?|| Entry into the U.S. using the Advance Parole after green card approval during a trip abroad ||
Release Date
09/21/2022
The Department of Homeland Security (DHS) today announced publication of a final rule consistent with the vacatur of the U.S. District Court for the District of Columbia in Asylumworks et al. v. Mayorkas et al. This final rule is effective starting Feb. 7, 2022.
FAQ: What happens to H-1B after Green Card approval? || OPT eligibility requirements, F-1 status for one academic year, and Change of Status or visa stamping from back to H-4 || PERM issues for a green card for remote jobs - headquarters || Can an H-1B visa holder rent via Airbnb? Is this a violation of status? || How long does it take from PERM to Green Card, and difference between NIW and PERM Labor Certification? || Applying for E-2 Visa with a pending family-based Green Card; who can be the main applicant for an E-2 visa? ||
Note: For the NRI readers, The Economic Times has started an immigration helpdesk. A team of experts which includes Rajiv S. Khanna addresses the most pressing issues. Please see the link below.
US travel ban: NRI Helpdesk: Can IR-5 immigrant visa holders travel to US despite travel ban? - The Economic Times
U.S. Citizenship and Immigration Services today published updated policy guidance to change the maximum validity period that may be granted for Employment Authorization Documents (EADs) issued to certain applicants, as well as to provide general guidance on adjudicating Form I-765, Application for Employment Authorization.
Starting today, USCIS will generally grant new and renewed EADs that are valid for two years to applicants in the following categories:
Discussion Topics, Thursday, 8 September 2016:
FAQ: Am I exempt from H-1 quota if visa was not stamped? Does AC21 permit promotions and higher salary for same or similar job? N-400 naturalization/citizenship delays; Applying for parents green card, I-130, I-485, birth certificate, marriage certificate, etc; Continuing work outside USA despite approval of L-1A;
Other: Quota impact of revocation of H-1; Green card filing and impact of Trivalley university; Travel on H-1 with just a few days left; Change jobs after green card approval; Transferring H-1B quota jobs; Surrendering reentry permit; Filing FOIA request to get H-1 and I-140/PERM papers; Cross chargeability - how to prove country of birth; Applying for H-1B and traveling on visa in an old passport; H-1B extension more than 6 months before expiration; H-1B visa stamping; etc.
Effective October 5, 2016, USCIS has increased the validity period for initial or renewal Employment Authorization Documents for asylum applicants from one year to two years. Applicants with pending asylum claims file Form I-765, Application for Employment Authorization, under category (c)(8). This change applies to all (c)(8)-based applications that are pending as of October 5, 2016 and all such applications filed on or after October 5, 2016.
Discussion Topics, Thursday, 17 November 2016:
FAQ: Refused entry 212(d)(3) waivers; L-1A for functional managers; Leaving employer after getting a green card; Changes in immigration after Trump.
Other: AOS for out of status; Giving and receiving money on H-1B visa/status; Name error in I-140; Medicaid for parents; Translations; Functional managers on L-1A; Denial of I-130; Losing green card; Amending H-1 is vendor changes; H-1 visa revocation; H-1B extension beyond 6 years; Priority date transfer; H-1 visa stamping; F-1 OPT based upon an employer who was not joined, etc.
USCIS recently updated the following form(s):
FAQ H-4 EAD Issues:
Travel while EAD is pending; filing I-539 with I-765; I-140 withdrawal
USCIS published new Form I-765V, Application for Employment Authorization for Abused Nonimmigrant Spouse. The edition date is 01/19/17. You can find the edition date at the bottom of the page on the Form and Instructions.
For more information, please visit the website.
Update to Form I-130, Petition for Alien Relative
New edition dated 2/27/17. Starting 04/28/17, USCIS will only accept the 02/27/17 edition. Until then, you can use the 12/23/16 edition. Now also available, new Form I-130A, Supplemental Information for Spouse Beneficiary.
Notice from USCIS: If you are filing Form I-765, please confirm you have downloaded the correct Form I-765.
***Please note that you may not apply for employment authorization under the new H-4 rule until May 26, 2015***
USCIS recently published the revised Form I-765, Application for Employment Authorization with a 02/13/15, edition date. You can download the revised form and details about who may file and where to file Form I-765 from the USCIS forms page.
The revised Form I-765 contains the eligibility category (c)(26) for certain