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TSC Updates – 09/21/09

16 years ago By Chief Editor

I-140 processing and adjudications - On an average TSC is completing around 9,600 I-140 adjudications per month. As of now the incoming I-140 volume is slightly less.  As of reaching its goal TSC is close to becoming current on all I-140s which includes the ones filed during 2007 summer. About 5000 stand-alone I-140s are still awaiting adjudication the backlog.

SCOPS Updates - 09/23/09

16 years ago By Chief Editor

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.

April 1, 2021 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

4 years ago By Chief Editor

Nonimmigrant Visas

Green Card

FAQs: AC21 Job Portability After I get my green card, is it legal to work for two companies (and not the original company) simultaneously?

USCIS Reminds Eligible Applicants under Ruiz-Diaz to File Adjustment of Status Application before End of August

16 years ago By Editor

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.

Special Mailing Addresses for Form I-907 (Request for Premium Processing Service)

16 years ago By Editor

Supporting Documentation for all concurrently E-Filed applications must be submitted as a single package to the same USCIS processing location identified on the Confirmation Receipt notice for the primary form.

When E-Filing Form I-907, Request for Premium Processing Service, by itself or concurrently with any other form, please send the associated Supporting Documentation to the appropriate address. 

For address please check attachment:

Extension of Comment Period for Form I-485 and Supplements A and E

16 years ago By Editor

[Federal Register: August 28, 2009 (Volume 74, Number 166)]
[Notices]
[Page 44375-44376]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28au09-65]

---------------------------------------

DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

Agency Information Collection Activities: Form I-485 and Supplements A and E, Revision of a Currently Approved Information Collection; Comment Request

Should I maintain my H-1B during I-485/AOS pendency?

11 months ago By Chief Editor
Question details

I hold an H1B Visa, and it is time for an extension. At the same time, I applied for my I-485 a few years ago, and I recently renewed my EAD, which is valid for 5 years. My priority date is June 2013. At this time, I am a bit confused about whether to move on to EAD or if I should continue to extend my H1B. If, for any reason, my H1B extension goes wrong, will I still be able to use my EAD? Thank you always for your support.

 

FAQ Transcript

You should maintain your H-1B while your I-485 (AOS) is pending. If something goes wrong with your I-485, you could end up without legal status or work authorization, creating complications. Keeping your H-1B (or L-1) active provides a backup. While your spouse can use an EAD, losing their status is less risky than the primary applicant losing theirs.

 

H-1B and I-140: Moving to India & Future Return to the U.S.

11 months ago By Chief Editor
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.

 

Recording for March 06, 2025, Conference Call with Rajiv S. Khanna

11 months ago By Chief Editor

Immigration.com

Nonimmigrant Visas

Green Card

FAQs: Should I maintain my H-1B during I-485/AOS pendency? || H-1B and I-140: Moving to India & Future Return to the U.S .|| H-1B working remotely from India

NIW I-485 rejected: Refiling options and priority date usage?

12 months ago By Chief Editor
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.

 

EB-2 I-140 Request for Evidence

12 years ago By Chief Editor

We filed an EB-2 I-140 Petition for a petitioner corporation and a beneficiary Senior Systems Analyst. The USCIS sent us a Request for Evidence (RFE), requesting information proving that the petitioner would be in an employer/employee relationship with the beneficiary and that the petitioner had the ability to pay the proffered wages for all of the beneficiaries for whom it had petitioned.

We filed a lengthy response with nearly forty exhibits. The petition was approved less than three weeks later.

Green Card

Recording for November 30 2023, Conference Call with Rajiv S. Khanna

2 years ago By Chief Editor

Nonimmigrant Visas

Green Card

FAQs: H-1B visa transfer before arrival into the USA|| Employee paying for green card and H-1B premium costs || Using an old H-1B visa stamp of a different employer

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