USCIS Q&A: Filing a Form I-485, I-765, and I-131 for Refugees and Asylees
USCIS offers a Questions and Answers to clarify issues on filing adjustment applications, work authorization documents, and refugee travel documents for refugees and asylees.
USCIS offers a Questions and Answers to clarify issues on filing adjustment applications, work authorization documents, and refugee travel documents for refugees and asylees.
Filing I-824 together with the I-485 - The right thing to do when filing the I-824 is to file both the I-824 together with the I-485 or wait till the I-485 is approved. USCIS identifies the reasons as to why an I-824 is interfiled. However an I-824 should not be rejected or denied only because it is interfiled and the I-485 is not yet approved.
Note: If an I-824 is interfiled, it may not be approved at the same time as the I-485 and the I-485 processing times will apply.
Eligible nationals of Haiti who currently have Temporary Protected Status (TPS) must re-register for TPS by May 2, 2014. Failure to re-register by this deadline may result in the loss of your TPS and your work authorization.
Aliens who are physically present in the United States already are allowed to immigrate without leaving the United States to apply for an immigrant visa. This process is called Adjustment of Status (AOS). The USCIS will permit an application for AOS to be filed only if an immigrant visa is immediately available to the alien. Section 245(a) of the Immigration and Nationality Act (INA) governs the general AOS provisions.
The process of E-filing was easy !!. The ASC took only 10 min for the photos and Finger Prints.
Advantages of E-File:
- Enter the data yourself => so NO chance of Typo errors by TSC. Make sure YOU do not make typo / name swapping errors : See : http://forums.immigration.com/
- Pay by CC ; => you can immediately see that the Money has safely been charged. (Hey earn some credit card miles ..or points !! See Below : about Security Code when using Credit Card ) http://forums.immigration.com/
- Get Recipt # instantly.
We discussed: Working concurrently with H-1 cap exempt and quota employers, immigration issues if we have a special needs (cerebral palsy) child, applied B-2 to main status while F-1 is expiring, Section 245(k) and illegal work, DETAILED DISCUSSION OF I-140 REVOCATION IMPLICATIONS INCLUDING AC21, impact on H-1 of reentry on advance parole, Section 13 green card for diplomats, who can co-sponsor affidavit of support I-864, proving cross chargeability, transfer of priority dates for a future job approval
Rajiv and his team has been handling Green card and related applications for me and my family since 2003. My experience has been excellent, to say the least. The long and not yet completed EB-3 India journey has been painful but Rajiv and his team have been great pillars of support all through. Our series of EAD and AP applications have been promptly worked on and many questions/doubts have been answered/attended swiftly. I especially thank Rajiv for a recent no charge conference call to discuss a new development with my employer. May God bless this team with greater success.
It is so nice to keep in contact with attorney Rajiv S. Khanna and his Law Farm. I really appreciate there kind help regarding my immigration related problems. Thank you Mr Khanna and Mrs. Leslie for all your help.
I have a lot of experience with the immigration lawyers. This time with Rajiv's office is a WAY different (better) experience:
* immaculate filing preparation - this is not some sloppy paralegal preparing your docs with bunch of misspellings and inaccuracies;
* excellent communication - forget your voice-mails with no responses or the your attorney's email black-hole. Rajiv's teams are fast in response and their answers are clear and focused on what you need to know.
* deadline oriented - with Rajiv S. Khanna's office you KNOW the answer of all your when,where,why and hows....If they commit to date - that is your filing date.You never get nonsense excuses.
* respect - all we know that immigration process is not straigth forward and trivial process. Some times things can get bumpy and you may loose your patience. At this time you need moral support and respect no less then a legal help. Rajiv's team is there for you - your best friend and guide. Actually you become at some point member of the team.
* professional awareness - here I'm going to say just one thing and if you read this you'll understand what I'm talking about. This is the first attorney company that I'm working with and I DO NOT have the feeling that I'm more up to date with the immigration law changes and updates then my attorney.
I know at a time I sound like commercial ad, so let me put some names to my words.
My awes goes to the Mathew and Aruna team. Thank you for the excellent job done so far.
And here is my time-line:
PERM: FD: 8/11/2005 AD: 9/12/2005
EAD AD 10/4/2006
AP AD 10/4/2006
I140 AD 8/5/2006
I485 .. soon...
Thank you for your prompt and highly informative, sensitive reply to my query. I hope my son, Srinivas, will tap into vast expertise and accorded help, and emerge the winner. Thank you. Mrs. Rao
Mr. Rajiv and team are amazing. They really supported our GC processing by all means. The immigration Portal is so informative and helpful in making critical decisions.
Rajiv, Subha, Leila, Suman, Lakshmi, Charu, Prerana, Richa every one were so helpful during the process.
They were consistently supporting during the long process of 3years and 9 months to get our GC.
I wish many more other clients of this company will succeed like us in getting their GC because this talented team help.
An applicant whose Form I-131 is filed and currently pending at a USCIS Service Center may go to a local office to apply for an expedited Advance Parole in case of an emergency. Have there been any changes to the process in which the applicant presents a copy of the receipts for the I-131 (and the underlying applications), documentation proving the emergency, filing fee, and two photos?
There has been no change to this policy. USCIS requires documentary evidence of the emergent situation, as well as supporting documentation indicating that the applicant has a pending application.
Mr Khanna and his team are doing an amazing job helping me with my green card process. Rajiv's immense experience and the depth of his knowledge on immigration matters answered all my queries. It also helped me looking at things with a better understanding of immigration related rules. He and his team are courteous, knowledgable and thoroughly professional.
Thanks Mr Rajiv Khanna for providing us guidance regarding travel on AP while being on H1-B. We are really looking forward to our India trip soon.
Finally,finally,finally............
I got the GC, ending the long wait...Even though the journey was long ,the Friendly office of Rajiv S.Khanna(sorry to tweak the name) helped it to be smooth by taking care of all the minute details. I felt like a strong manager for having delegated an important work in my life, to a highly professional bunch and just went on with my life without worrying about anything. I was fortunate to meet many in the group in person.They were even more friendly and helpful whenever I went to their office.
As we all know one of the important topic in Desi gathering is GC and I was always proud of saying that
I am being taken care by Rajiv Khanna and here afterwards I will proudly say that I was taken care off by the "Friendly office of Rajiv S.Khanna"
Above all let me ask Leila something. "Leila, your friendly attitude and that wonderful gracious smile all the time...is that Gods special gift for you"
How many photos are required for the I-765 combo card?
USCIS has made it clear that only two photos are required for the I-765 combo card.
H1-B Visa Stamp Expired - but H1-B Status Valid until Sept 2023 (I-797 Approval Notice)
I-140 approved long back, I-485 pending (PD not current but close), I-765 + I-131 approved Combo Card. Travelled to India with both H-1B I-797 and I-485 EAD/AP (Validity was 1 Year) and returned a couple months back; chose to return on I-485 AP because could not get a Visa Drop Box Appointment. New I-94 received upon entry is only valid till AP expiry date; which is prior to H-1B I-94 attached to I-797 (Sept 2023). No change of Employer before or after the travels - return to the same employer.
a) Does the use of AP on returning mean the H-1B status is abandoned in this case?
b) Will I fall out of status after August 2022 - based on this new I-94 with AP entry?
c) Can the already approved H1B status be reinstated (if it was abandoned) and also be extended like regular H1B extension after 2023 - if yes, would that need a travel out of the country before August 2022 and return on H-1B visa stamp?
a). Although you entered the United States on advance parole this time you are still considered to be holding a H-1B status. That is not disturbed by your exit and entry.
b). The I-94 that you get with the advance parole entry is limited and hence it should not be a problem. You should be able to transfer employers. You definitely can amend or even extend your H-1B within the United States. I am not aware of any limitations on the ability to use the H-1B for a transfer.
c). Yes you can always revive an H-1B. If the H-1B has expired, you can seek a renewal of the H-1B through the USCIS and then go outside the USA (your home country or any country) and get a H-1B visa stamp and come back.
Note: Where transcribed from audio/video, 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.
FAQ: Consular processing employment-based green card with a job offer from a different employer
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:
For all H-1B and H-1B1 petitions received on or after April 1, 2022, USCIS will no longer accept a single, combined fee payment when Form I-539, Application to Extend/Change Nonimmigrant Status; Form I-765, Application for Employment Authorization; or Form I-824, Application for Action on an Approved Application or Petition, is filed together with an H-1B or H-1B1 petition (Form I-129, Petition for a Nonimmigrant Worker). Each of these forms received by USCIS on or after April 1 must have its own fee payment instrument or USCIS will reject the entire package.
If you are a healthcare worker or a childcare worker who has a pending Form I-765, Application for Employment Authorization renewal application and your Employment Authorization Document (EAD) expires in 30 days or less or has already expired, you can request expedited processing of your EAD renewal application. USCIS had previously announced this flexibility for qualifying healthcare workers assisting public health efforts in response to the COVID-19 pandemic. USCIS is now extending this flexibility to qualifying childcare workers.
Question: I have a visitor visa for the USA for multiple visits up to June-2023. Can I apply for an extension of the visa before the expiry date? Also, advise procedure for extensions and where I can get the application form, so I can keep all details ready.
Answer: I am not aware if there is a procedure to apply for a visitor visa extension before expiration. You can send an email to the consulate to confirm. There is, however, a restriction under the consular standard operating procedures on holding concurrently valid visas of the same type.
I have worked with Mr. Khanna's law firm over the past 4 years for my Green Card process and the experience has been extremely satisfying ! Everyone that has to go through immigration process knows how stressful the whole situation can be and you need to have a lawyer by your side who puts you at complete ease. Mr. Khanna and his team is very friendly, professional, knowledgeable and outstanding in their service. I appreciate their invaluable advice/legal counsel and their promptness in every matter. The whole team is meticulous, very responsive and it's comforting to know that you have such a great lawyer by your side. I'm glad that I made the right decision in switching to Mr. Khanna's law firm and I strongly recommend them to anyone that needs immigration counsel !