Updates on Forms I-800A and I-800 - USCIS
USCIS posted new forms. These include:
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EB2 - National Interest Waiver
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EB-2 National Interest Waivers (NIW) Services and Fees
The fee schedule for Green Card through NATIONAL INTEREST WAIVERS (fees are payable by personal or corporate checks) is as follows:
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Filing Fees (to the USCIS): Forms I-140, I-485, I-765, I-131: See USCIS Fee Calculator |
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Guestbook Entry for Dr. Jitendra A. Joshi, United States
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Dr. Jitendra A. Joshi
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VA
Adoptions of Abandoned Children Halted by Ethiopian Court
The Ethiopian First Instance Court has temporarily stopped accepting cases involving abandoned children from orphanages in Addis Ababa, citing concern over a recent increase in the number of abandoned children being brought for adoption. The number of abandoned children from orphanages in Addis Ababa has grown dramatically in recent months and Ethiopian authorities have become aware of possible cases of unethical practices associated with some of them.
Adoption Notice Re: Cambodia Ratifies New Adoption Law; Adoptions Pending Implementation Have Been Suspended
On December 3, 2009 new laws intended to create a thorough nationwide child welfare system and an intercountry adoption procedure in conformance with The Hague Intercountry Adoption Convention were implemented in Cambodia. However, the processing of adoption petitions for Cambodia was still suspended on December 21, 2009 due to concerns relating to fraud, lack of legal framework, and lack of safeguards in Cambodia to protect children’s best interests. USCIS remains unable to approve any Form I-600.
Adoption Notice Re: Guatemala
Casa Quivira Cases: DOS issued an alert on December 28, 2009 informing that the Office of the Solicitor General's (PGN's) appeal of the 2009 decision determining the adoptability of the children taken into custody from Casa Quivira was upheld by the appeals court. Note, these children include those who are already residing in the U.S.
Adoption Notice Re: Guatemala
Casa Quivira Cases: DOS issued an alert on December 28, 2009 informing that the Office of the Solicitor General's (PGN's) appeal of the 2009 decision determining the adoptability of the children taken into custody from Casa Quivira was upheld by the appeals court. Note, these children include those who are already residing in the U.S.
The Department of State Releases Information Regarding Non-Hogar Inter-Country Adoption Cases from Guatemala (10-15-09)
The U.S. Department of state released the following information pertaining to non-hogar Guatemalan Inter-country adoptions:
Updated Questions and Answers On Adopting Orphans From Russia
On March 30, 2009, USCIS assumed responsibility from the DOS for adjudicating any Form I-600, Petition to Classify Orphan as an Immediate Relative, filed within the Russian Federation, this release provides responses to commonly asked questions on the issue.
Adoption Alert (China) - September 29, 2009
On September 29, 2009, the U.S. Department of State, Bureau of Consular Affairs, Office of Children's Issues issued an alert informing that: The China Center of Adoption Affairs (CCAA) has announced that all prospective adoptive families will be required to work with a U.S. Hague accredited adoption service provider for both transition cases and Convention cases beginning December 1, 2009. This will require all families to work with an agency that is both U.S.
Adoption Alert (Guatemala) September 29, 2009
Notice for Guatemala “hogar” adoption cases
Suspension of Adoptions Alert (Sierra Leone) September 17, 2009
On September 17, 2009, the State Department Issued an Alert informing of the suspension of adoptions in Sierra Leone. The Government of Sierra Leone’s Ministry of Social Welfare, Gender and Children's Affairs suspended adoptions on May 29, 2009 due to concerns on the legality of adoptions and the welfare of adoptees.&
Suspension of Adoptions Alert (Liberia) September 14, 2009
The U.S. Department of State is cautioning American citizens against filing an application to adopt a child from Liberia while the moratorium on adoption remains in effect. The U.S. Embassy remains in frequent contact with adoption officials, but there is no indication when the moratorium might be lifted.
State Department Issues a Notice Cautioning Against Adoptions from Kenya - September 30, 2009
On September 30, 2009 the U.S. State Department issued an Adoption notice informing the following: Kenya is party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption Convention). As such, all adoptions between Kenya and the United States initiated after April 1, 2008, must meet the requirements of both the Convention and U.S.
USCIS Update: Change of Filing Location for Forms I-800 and I-800A
U.S. Citizenship and Immigration Services (USCIS) announced that filing location of forms relating to the adoption of a foreign child under the Hague Adoption Convention has changed. Beginning today, U.S.
H-1B and I-140: Moving to India & Future Return to the U.S.
Question details
I would appreciate some insights on my H-1B and green card process. Here’s my situation:
I currently have an H-1B visa valid until July 2027.
My company has filed for PERM with a priority date of October 2024.
If things go as expected, I anticipate my I-140 approval around May 2026 (with premium processing, if things go smoothly and I receive my DOL approval around Feb 2026, calculating around 15+ months from Oct 2024).
I’m considering moving to India around January/February 2027, which would be about 180 days after I-140 approval (if that helps retain I-140 benefits even if I go to India; if not, I would be moving earlier).
My questions:
Impact on H-1B if I move to India
What would happen to my H-1B if I joined a different employer in India?
What happens if I stay with the same U.S. employer but work from India?
Returning to the U.S. after H-1B expiration
If my H-1B expires while I’m in India and I haven’t renewed it, let's say that in the future, I will get an employer and want to re-enter the USA. Would the process be expected for the employer, like filing for a change of employer and me getting a new stamp in the Indian embassy, or would it have some additional complications?
I-140 and Priority Date Retention
Will my I-140 priority date remain intact if I am in India and later re-enter the USA for a different employer based on the answer to the above question?
If I get a new job in the U.S. later, what must my future employer do to transfer or use my existing priority date for the new green card process?
FAQ Transcript
If you move to India (or another country) after your I-140 approval, your H-1B with your current employer will likely be revoked unless they continue paying your U.S. salary. If your H-1B expires while you are abroad, you can return to the U.S. on H-1B with any employer, as your I-140 remains valid after 180 days. However, you must restart your green card process with a new employer. Your I-140 priority date remains intact, even if you switch from EB-2 to NIW or EB-1A.
NIW I-485 rejected: Refiling options and priority date usage?
Question details
1. If NIW I485 is rejected. Can we refile I485, or need to start a new NIW case from I-140 stage?
2. NIW I485 is rejected. If I refile the new NIW and it is approved, can the previous NIW's priority date be used for this new NIW's AOS?
3. How will the Trump administration affect NIW I485 cases? Would you suggest any precautions?
4. Can petitioner file multiple NIWs simultaneously with different endeavors?
FAQ Transcript
If your NIW I-485 is rejected but your I-140 is still pending or approved, you can refile the I-485 without starting a new NIW case. However, consult your lawyer for any case-specific nuances.
If you file a new NIW and it gets approved, you can use the priority date from a previous NIW only if the prior I-140 was approved.
As for multiple NIW filings for different endeavors, it is theoretically possible but may weaken your case by making it appear unfocused.
USCIS Begins Accepting Requests for Consideration of Deferred Action for Childhood Arrivals
Agency successfully meets 60-day implementation date
USCIS Implements Help HAITI Act of 2010
| Green Card Through the Help Haiti Act of 2010 |
On December 9, 2010, President Obama signed into law the Help Haitian Adoptees Immediately to Integrate Act of 2010 (Help HAITI Act of 2010). This new law will make it possible for certain Haitian orphans paroled into the United States to become lawful permanent residents (LPR) of the United States and get green cards. Applications to get a green card under this law may be filed at any time on or before December 9, 2013.
USCIS Announces New Versions of Forms I-600 and I-600A
U.S. Citizenship and Immigration Services (USCIS) today announced that it has published new versions of the Petition to Classify Orphan as an Immediate Relative, Form I-600 and the Application for Advance Processing of Orphan Petition, Form I-600A . The new date on the bottom of both forms is “12/30/09 N.” Due to the changes on the forms, previous versions will no longer be accepted after a 60 day transition period.
DOL Established Mailbox for Questions Regarding LCA Policies
The Department's Office of Foreign Labor Certification has established a mailbox for questions regarding LCA policies. Those seeking policy guidance should submit a question to LCA.Regulation@dol.gov. Questions will be answered in the form of FAQs. The interested public should continue to direct all general inquiries regarding the H-1B program to the Chicago National Processing Center at LCA.Chicago@dol.gov.