On April 7, 2015, the U.S. Court of Appeals for the Third Circuit, in Shalom Pentecostal Church v. Acting Secretary DHS, 783 F.3d 156 (3d Cir. 2015), found the regulatory requirements that qualifying work experience gained in the United States must have been acquired in lawful status (herein “lawful status requirements”) in 8 CFR 204.5(m)(4) and (11) to be beyond the Department’s legal authority (ultra vires).
Filing location for concurrently-filed I-140/I-485 petitions
USCIS notes from the stakeholder meeting on religious workers, providing an outline of changes resulting from the Religious Worker Final Rule that was published on 11/26/08.
Please check the attachment.
Discussion Topics, Thursday, Sept 16, 2021
FAQ: Consequences of extending parents’ B-1/B-2 (visitors/tourist) status more than once||Consequences of green card holders staying outside the USA for an extended time. Reentry permit protection ||Applied for EB-3 downgrade and change of employer after 180 days while I-140 is pending
I am on my OPT period (June 1st, 2021 - May 31st, 2022) and am working for a company in the USA. I plan to travel to India for my sister's wedding from December 18th, 2021, to December 28th, 2021. The following are my questions for travel in these COVID situations:
1. I wanted to know the details for entering the USA. What documents should I have while entering the USA?
2. Does the USA allow OPT holders to enter?
A1: You will need to contact your DSO for endorsement on your I-20 to travel, evidence that you have been working (like pay stubs), and a letter from your employer confirming that you will be returning to your ongoing employment.
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.
USCIS advises its customers that Public Law 111-9, signed by President Obama on March 20, 2009, extends the non-minister special immigrant religious worker program through Sept. 29, 2009. The program had expired on March 6, 2009.
Discussion Topics, Dec 3, 2020
FAQs:
H-1 Visa and Spouses H-4 EAD Expires at the Same Time - What are the extension options?
1) How long does I-485 EAD approval take?
2) Once spouse gets I-485 EAD , Is it ok if she starts working on I-485 EAD ? Does that impact my H1B status ?
3) On January 2021 my company is ready to file my H1 extension and her H4 and H4 EAD , is that ok to apply if our I-485 is pending ? What will happen to her I-765 (C) (9) since we are applying H4 EAD too.
4) If she get H4 EAD approval then she will have two EADs , Which one to use and how ? Is it ok to have two EADS ?
5) My wife's company is also ready to apply her H1B (as she was already on H1B till 2016 and she was only on H1B for 2.5 year), If her company applies her H1B , do we have to worry about anything related to Pending I-485 application?
Other Topics :
Trump's Immigration Order on Green Card Application for Parents || Furlough and Applying for Unemployment Benefits || Will a Misdemeanor Conduct Obstruct the Application for a Tourist Visa for my Brother? || US Green Card Holder to be Married to a Canadian PR - Repercussions || EB-2 Green Card Backlog and Family Based Green Card Spillover Due to the Immigration Executive Order || Transfer of H-1B to a New Employer and Keep the Green Card Going || Implications of H-1B Visa Salary Reduction when Changing Jobs in the Future || Occupation Column of Form G-325A Regarding I-485 || EB-2 to EB-3 Downgrading and 180 Day Requirement || H-1B Extension and Impact on Green card Processing when Dates are current || I-485 interviews in the Year 2021, Expedite of a Pending L-1 based AO and Mandamus Petition
USCIS announced that individuals with a pending Form I-360 religious worker petition with USCIS, may be eligible for benefits under Ruiz-Diaz v. United States, No. C07-1881RSL (W.D. Wash. June 11, 2009). To see the USCIS notice and the court issued notice in Ruiz-Diaz v. US, No. C07-1881RSL, see attachment.
FAQs: Religious Worker Visa, premises still under construction || Students aging out of H-4 || Lawsuit against status denial for CPT users || AC21 portability Supplement J || L-1 and entrepreneurial H-1B || 60 days grace period of H-1B getting over - F-1 option || Need to amend H-1B for remote work from home || Part time H-1B || Doing business on OPT
OTHER: IR5 Green Card traveling separately || H-1B Quota exemption || Reentry Permit obligations || H-1B change of status || CSPA for child of EB-1A petitioner || 212(e) waivers for J-1 holders || I-140 withdrawal || H-4 EAD processing times ||
The petitioner is a newly established religious organization {has IRS 501( c )(3) and state registration}. However, its principal place of business (this would be the beneficiary’s work location as well) is still under construction (so far, they have made good progress in the construction of the building). The petitioner does not conduct any religious programs yet. No other primary office location. Can the petitioner file an R1 for a minister for future employment? Would there be issues with the site visit if the facility is not completed by then? Do you have any advice on how to proceed with this case?
Note: 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.
1. My son is currently a student studying engineering at a 4 year public college in Illinois. I am working in the US on H1B, and my son is on H4. The issue is that he turns 21 next year before he would finish his final year in college, and since would age out of the H4 So what are the options he has left to continue his study Can he change to F1?<br>
2. What are the caveats to this? Can he do the adjustment of status in the US, or does he need to travel out of the country? I've heard that F1 visa processing takes a long time to process, and there is no determinate time - he has about 14 months for him to become 21 years as of now. When inquired the college said they are not processing the I-20s for Fall 2021 now, only for Spring 2021, and have asked him to wait, what are the consequences of this ?
Note: 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.
I found working with Mr. Khanna and his team to be a pleasant experience. I changed my status from F1 to a Religious worker visa. I was very anxious during this process but I was at peace knowing that the people who were helping me through this process were able and competent professionals. Mr. Khanna was every personable and was eager to clarify all my questions. Also, Mr. Khanna contacted my employer on several occasions in order to explain the legalities involved in filing for the Religious worker visa, for this was the first time my employer had hired a foreign national. I would also like to express my thanks and appreciation to Ms. Anna Baker, who was my primary contact at the Law Offices of Rajiv Khanna.
U.S. Citizenship and Immigration Services (USCIS) announced that, effective today, it will resume Premium Processing Service for nonimmigrant religious worker petitions filed by certain R-1 petitioners. Only those petitioners who have successfully passed an on-site inspection are eligible to file under Premium Processing Service.
U.S. Citizenship and Immigration Services (USCIS) announced today the manner in which petitioners for religious workers must notify USCIS regarding their employment of nonimmigrant religious workers in R-1 status. The procedures are necessary to enable petitioners to comply with the notification requirements established by USCIS regulations governing the R-1 nonimmigrant classification.
U.S. Citizenship and Immigration Services (USCIS) reminds special immigrant religious workers, who have a pending or approved Petition for Amerasian, Widow(er), or Special Immigrant, (Form I-360), to file their Application to Register Permanent Residence or Adjust Status, (Form I-485), on or before Aug. 31, 2009. Special immigrant religious workers who wish to file a Form I-360 petition with an I-485 application should also file on or before Aug. 31, 2009.
The R-1 Visa is available to those who wish to come to the United States solely as a minister or to perform a religious vocation or occupation, in either a professional or nonprofessional capacity, for a period not to exceed five (5) years.
In order to be approved for temporary admission, or extension and maintenance of status, one must meet the following requirements:
[Federal Register: October 6, 2009 (Volume 74, Number 192)]
[Rules and Regulations]
[Page 51236-51237]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06oc09-4]
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DEPARTMENT OF STATE
22 CFR Part 41
[Public Notice: 6779]
Visas: Documentation of Nonimmigrants Under the Immigration and Nationality Act, as Amended; Requirements for Aliens in Religious Occupations
AGENCY: State Department.
ACTION: Final rule.
This memorandum provides instruction to Immigration Service Officers who adjudicate R-1 nonimmigrant petitions for aliens who are coming to the United States temporarily to perform religious work, and their dependents. This memorandum outlines the procedure to be used for recapturing time spent outside the United States by R-1 nonimmigrants when seeking an extension of their R nonimmigrant status.
Please check the attachment to read memo.
U.S. Citizenship and Immigration Services (USCIS) will transition from a paper-based model to a secure, electronic environment. This new user-friendly system is called the USCIS Electronic Immigration System (USCIS ELIS).
USCIS ELIS is an easy-to-use system designed to modernize the application process for immigration benefits. It will also provide more accurate, convenient, and secure customer service and allow USCIS to process cases with greater efficiency and consistency.
We have obtained several R-1 visas. One case that presented an interesting challenge was where the applicant performed secular, administrative duties. CIS believed that an R visa was not appropriate. We were able to show facts and law that convinced the USCIS to issue the visa.
I can't begin to tell you how excited I am! Today we are finalizing the details so we can move Pastor Immer and his family into their home! It is the dream of a lifetime for him and his family! I can't begin to thank you enough for your quality work with us during this process. Fran and Anna have been absolutely wonderful! Patient with the many requests and many phone calls. Kind in the treatment of me in the process! :). Extremely thorough and obviously exceptionally professional and knowledgeable! We are thrilled and recommend your offices to others!