FAQ H-4 EAD Issues:
Travel while EAD is pending; filing I-539 with I-765; I-140 withdrawal
Discussed: CSPA for EB-3 to EB-2; H-1B amendments; Marriage on B-2 visa/H-4; Consequences of travel without advance parole; Following to join process; H-1B liquidated damages contracts; Moving temporarily abroad while I-485 is pending; Relocation while green card is pending; Checking which MSA we are in; What is an H-1 amendment? Getting student visa while green card pending; L-2 EAD, etc.
FAQ: Simultaneous filing of H-1 amendment and extension, Green card through a future job, H-1 employer not paying, TN applying for green card.
Other Questions: Green card for relocated employee, H-1 time recapture and extension, Naturalization, L-1A and EB-1C, H-1B amendments, PERM and mesan tested benefits.
Discussed: FAQ: Refiling I-140 using old PERM (after 180 days);
Calculating recapture time for H-1; Form I-864, affidavit of support; maintaining green card; green card for parents; H-4 EAD; L-1 to F-1 to H-1; H-1 COS denial; simultaneously filing H-1 amendment and extension; H-1B amendment out of status; starting business on H-1; appeal/MTR against H-1 denial; marriage on B-1/B-2 visa; OPT eligibility; medical insurance; eligibility for naturalization; eligibility for EB-1C green card;
The “Pending Employment-Based Form I-485 Report,” displays the total number of pending adjustment of status applications, per preference classification. The report shows how many pending adjustment of status (green card) applications in each preference classification have priority dates in a given month and year. You can use this chart to determine how many applicants in your preference classification have priority dates in the same month and year as your own.
Number 94
Volume IX
Washington, D.C
A. STATUTORY NUMBERS
This bulletin summarizes the availability of immigrant numbers during Julyfor: “Application 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.
Discussion Topics, Thursday, 30 June 2016:
FAQ: Can one work during H-4 EAD renewal; Can a green card applicant (sibling of US citizen) remain in USA while green card is processed; Proving ties to home country for tourist visa; Can I look for a job while EAD is still pending;
Other: Remedy against a US citizen spouse; entering USA on green card, how long must I work with employer, maintaining green card; H-4 visa stamping problems; CSPA protection; Getting status updates on PERM; Effect on visa stamping of 30-day gap in status; Revocation of I-140 and priority date; Applying for OPT while H-1 is pending; New visa required or not if I change H-1 employers; AC21 options for EB-1C executive/manager; 3 year extension of H-1 through a new company based upon I-140 approval; etc.
Number 95
Volume IX
Washington, D.C
A. STATUTORY NUMBERS
This bulletin summarizes the availability of immigrant numbers duringAugust for: “Application 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.
The Department of State’s Visa Bulletin for August 2016 reflects a final action date of January 1, 2010*, for EB-4 visas for special immigrants from India.
On Jan. 17, 2017, a new rule, “Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers” amending DHS regulations went into effect. The regulatory amendments provide for the automatic extension of the validity periods of certain Employment Authorization Documents (Form I-766) for up to 180 days if the employee:
We won a case for an applicant following a Request for Evidence. Initially, we had submitted substantial documentation to show that the Petitioner qualified for the classification based on his original contributions, authorship of scholarly articles and judging of his research peers. Based on the evidence submitted, Service noted that sufficient evidence was presented to prove authorship of scholarly articles as well as judging of research peers. We had provided copies of the Petitioner’s publications as well as the significant number of citations.
We won a case for an applicant following receipt of a Request for Evidence. We submitted evidence to show that the beneficiary qualified for the category having published scholarly articles, authored a book chapter and acted as the judge of her peers. We noted the impact factor for the journals where her work was published and provided citations details. We provided evidence to show that she was a member of an editorial board. The RFE noted Service’s request for confirmation of the permanent job offer.
Discussion Topics, Thursday, 9 February 2017:
FAQ: Extension of H-1 beyond six years, gap in H-1, late in filing PERM, etc; How can a US green card holder study abroad without losing their green card? || Automatic EAD extension, I-485 EAD; US Citizen applying for green card for brother or sister; How do we keep up with the rumors and changes in the laws; Should I travel outside the USA/H-1B visa stamping; When is an H-1B amendment required? || Job promotions during AC21 portability of green card; Impact of I-140 approval after 180 days, etc.
Other: Spouse of US citizen filing for naturalization; Following to join; Executive Order against criminal aliens; Change of status from L-2 to H-1B, remainder option, H-1 quota; Qualifying for OP after studying on H-4 visa, etc. || Starting green card from the I-485 stage; Going to home country for an extended period of time while green card is pending; Company going out of business during green card; Entry and reentry on visitors visa, etc.
Discussion Topics, Thursday, 9 March 2017:
FAQ: Revoke H-4 EAD regulation; Joining a company other than green card sponsor; staying abroad after green card - reentry permit; Green card holder staying abroad for more than 6 months; Medical problems/diseases that can cause issues in green card; Impact of the new I-140 regulations; Physician FMG applying for Cap H-1 through a cap exempt employer; Compelling circumstances EAD.
How to find out if my I-140 has been revoked, etc; AC21, changing jobs, when to file Supplement J;
Other: Correcting errors on I-140 approval; Revocation of I-140 and approval of H-1 extension; H-1 converting to B-1/B-2; Green card staying outside the USA for more than 6 months; Changing jobs after I-140 approval - priority date; H-1 extension when I-140 is denied, H-4 EAD, etc; Filling for N-400; I-130 returned to USCIS by consulate; Compelling circumstances EAD for child being sick; CSPA in family-based applications; etc.