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About Attorney_16

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  1. Attorney_16

    EAD renewal query

    Typically an H4EAD's validity will match the H4 I-94 (whether from USCIS or CBP). When a person travels outside the U.S. and reenters, if the passport validity is shorter than the I-797 validity, CBP will issue the I-94 for the duration of the passport validity.
  2. Attorney_16

    PERM processing by a company different than our employer

    A green card is always for a future position. A Labor Certification can be filed by an employer for someone who does not currently work for them, but they must be able to show the ability to pay at the time of filing the Labor Certification and going forward.
  3. Attorney_16

    Change employers after 6months of EAD approval

    Generally a person is eligible for their green card case to continue under AC21 if they have an approved I-140 petition, their I-485 application has been pending 180 days, and they move to a job that is in a same or similar job classification as their Labor Certification. Job classifications can be found on the DOL website: https://www.onetonline.org/
  4. Attorney_16

    NVC Resubmitted

    The Department of State has listed general National Visa Center Processing Times: https://travel.state.gov/content/travel/en/us-visas/immigrate/nvc-timeframes.html Typically a person can contact NVC to change the requested consulate if an interview has not been scheduled: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/ask-nvc.html Please note that the NVC currently has listed a reduction in staff due to COVID-19 (see link above).
  5. Generally the USCIS Case Status should not be legally relied upon and a person should follow official USCIS Correspondence that comes to them. For queries on a USCIS case, including a confusing case status online, a person can call the USCIS Contact Center to place an inquiry on their case status.
  6. Attorney_16

    GC For father - RFE for Marriage Certificate

    Generally the USCIS will go by the Department of State's Visa Reciprocity Schedule for Civil Documents: https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/India.html If the primary document is not available (i.e. a late-registered marriage certificate is not available when a party is deceased), then generally one should provide as much secondary evidence (affidavits, wedding card, death certificate, etc) as possible.
  7. Attorney_16

    Options for Those Not Selected in the H1B Lottery

    Some students in this situation are eligible for CPT and look to transfer to another program and immediately apply for Curricular Practical Training (CPT). It is important to keep in mind that CPT must be an integral part of the established curriculum so if the plan is to continue with the previous OPT employment, that employment may relate to the previous program of study and not the current program of study. These issues may present a problem for the change of status request if the student’s employer intends to file another H1B petition next year.
  8. We have seen many situations when an individual has initiated a U.S. permanent residence process through an employer, in the employment-based third preference (EB-3) category (bachelor’s degree holder, skilled worker, or other worker category), only to later on find themselves in a new job qualifying them for an advanced degree professional category (EB-2) and desiring to refile the case. When this happens a question arises about being able to retain the priority date from the original EB-3/ I-140 approval onto the new EB-2/ I-140 approval. The regulations indicate that a Beneficiary may retain a priority date from a previous I-140 petition for any subsequently filed and approved I-140 petition. If there are multiple petitions, then the Beneficiary can retain the earliest priority date. Some confuse this rule with AC21 portability, in which the PERM is approved, the I-140 is approved and the I-485 is pending for more than 180 days. In that AC21 portability situation, the employee that moves or changes jobs must show that the new position is in the same or similar job classification in order to “port” or move the case over and not start the process over. Retaining a priority date from a previous petition is different. One must start the case over from the beginning, redoing the labor certification and the I-140 but can retain the priority date of the original approved I-140 even if it is in a different job classification or a different preference category. As long as the original I-140 petition remains valid, it is sufficient to be able to “copy” the priority date from the first case and “paste” it into the second I-140 at the time of approval, with both I-140s remaining valid. Now what happens if the original I-140 is no longer valid? The regulation further indicates that a petition that is revoked will not confer a priority date. However, the USCIS Adjudicator’s Field Manual Chapter further clarifies that the priority date cannot be retained for a petition that was revoked for “fraud or willful misrepresentation” only, indicating that if it was withdrawn for any other reason perhaps the individual could still retain the priority date.
  9. You can find the current processing times by the Department of Labor at http://icert.doleta.gov/. Click on the PERM & PW Processing Times tab.
  10. Attorney_16

    EAD-AP Renewal approved, but for different durations

    The USCIS has discretion on whether or not to issue the Employment Authorization Document (EAD) and Advance Parole (AP) combination cards for 1 or 2 years. If your wife is issued a card for 1 year, it is not government error, so you must make sure to renew your wife’s EAD and AP the next year. In some cases, the different years are due to the fact that the renewals were sent in separately rather than filed together.
  11. Attorney_16

    EAD Renewal

    The USCIS has discretion on whether or not to issue the Employment Authorization Document (EAD) and Advance Parole (AP) combination cards for 1 or 2 years. If you are issued a card for 1 year, it is not government error, so you must make sure to renew your EAD and AP the next year.
  12. Attorney_16

    i140- Is this new position

    Given the specific nature of your question, your employer should speak with a competent immigration attorney who is given all the relevant information for your case in order to come up with a strategy to pursue your I-140 immigrant petition.
  13. Attorney_16

    Photo Requirements for Travel/AP Document

    Please follow the USCIS Form instructions, and note that USCIS guidelines change frequently. In general, two passport-sized photos are needed for an I-131 application.
  14. Attorney_16

    EAD/AP renewal address change

    Your current permanent address at the time of filing should be put on the forms. As soon as you move, you should file the Form AR-11 on the USCIS website within 10 days. You can also update your address for each individual application as well on the USCIS website. By filing the AR-11, any USCIS correspondence should be sent to the new address.
  15. Attorney_16

    Help with EAD form

    If an EAD was ever granted, then you should check that it was granted, regardless if the I-485 was denied later. If you are applying for an EAD based on your pending I-485 application, per the USCIS instructions the category is C9. The current processing times for EADs at all USCIS offices is approximately 90 days.