Jump to content
All posts are moderated, so it will take time for your post to appear!
Search In
  • More options...
Find results that contain...
Find results in...
Attorney_22

Immigrant Visa Processing: Ban Lifted

Recommended Posts

This week, Murthy Law Firm attorneys will answer questions regarding immigrant visa processing.      

Rules for Topic of the Week Threads:

1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.

2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.

3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.

4. Please do not provide information which would identify any specific company, university or individual.

Share this post


Link to post
Share on other sites

I am in US from 2016 on L1b Visa. My employer applied H1b as my L1b is expiring on Sep 2021. My H1b is approved, it's not Change of Status. To keep my wife EAD active, my employer applied it as new initiation. Now I have to get stamping in India before September. It is very challenging to get appointments. Since visa ban is lifted am I eligible to schedule VISA appointment in India now? or do I need to wait till April 01st? If I don't get appointment in India, can I get stamping in Canada or Bahamas?

Any information on this is highly appreciated.

Thanks

Sreedhara

Share this post


Link to post
Share on other sites
On 2/25/2021 at 4:54 PM, Attorney_22 said:

This week, Murthy Law Firm attorneys will answer questions regarding immigrant visa processing.      

Rules for Topic of the Week Threads:

1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.

2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.

3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.

4. Please do not provide information which would identify any specific company, university or individual.

Hi,

My parent's immigrant Visa was approved in March 2020. Because of flight restrictions due to COVID they could not travel to the US before their VISA expired. When the US consulate in Mumbai reopened we made an appointment but it was cancelled as their category (IR5)  was not being processed.

To date I cannot make an appointment for their category (IR5). Please advise what we can do? Also what can I expect once they start processing?

I am not able to get any information from the consulate.

Thank you

Share this post


Link to post
Share on other sites
On 2/25/2021 at 9:38 PM, Sridhar Vattikuti said:

I am in US from 2016 on L1b Visa. My employer applied H1b as my L1b is expiring on Sep 2021. My H1b is approved, it's not Change of Status. To keep my wife EAD active, my employer applied it as new initiation. Now I have to get stamping in India before September. It is very challenging to get appointments. Since visa ban is lifted am I eligible to schedule VISA appointment in India now? or do I need to wait till April 01st? If I don't get appointment in India, can I get stamping in Canada or Bahamas?

Any information on this is highly appreciated.

Thanks

Sreedhara

Unfortunately, the portion of the ban that was lifted was only regarding immigrant visas. 

Share this post


Link to post
Share on other sites
On 2/28/2021 at 11:14 AM, gopalakri said:

Hi,

My parent's immigrant Visa was approved in March 2020. Because of flight restrictions due to COVID they could not travel to the US before their VISA expired. When the US consulate in Mumbai reopened we made an appointment but it was cancelled as their category (IR5)  was not being processed.

To date I cannot make an appointment for their category (IR5). Please advise what we can do? Also what can I expect once they start processing?

I am not able to get any information from the consulate.

Thank you

Contact the consulate directly via email regarding the situation and proceed from there. You may be able to just use a drop box. 

Share this post


Link to post
Share on other sites

I-140 approved in 7-Sep-2010 when I was on H1B. Employer lost I-140 approval notice. Yet to apply AOS or CP. Below are the details of my case. Kindly help with suggestions.

Here is the history. I am with the same employer throughout.

Here is the history. I am with the same employer from 2004 till now.

  1. Moved from India to USA on H1B through my employer in May-2005
  2. Employer applied for PERM in 2008/2009, was approved. I-140 was filed in 2008 under EB2 category, RFE was received and the I-140 was denied later as the employer did not provide response for a query regarding company name change.
  3. I-140 was refiled again by employer and it got approved in 7-Sep-2010 but employer lost the approval notice due to changes in Paralegal teams because of multiple mergers. I was not aware of this until recently.
  4. Got transferred back to India for personal reason in Nov-2010.
  5. Again transferred back to USA on L1A Individual on June-2019, continuing here till now.
  6. Employer’s new paralegal team is now working on my L1A extension, this is when I came to know about the I-140 that was refiled in 2010. I was with the assumption that my path for GC was closed when the first I-140 was denied.
  7. After multiple follow ups, Paralegal team got receipt number of approved I-140 from USCIS through representation. They also filed I-824 to get a copy of I-140 approval notice recently.
  8. I also raised two FOIA requests to get I-140 approval notice copy and Labour petition copy. FOIA request for Labour was completed with the message from FOIA that it is a duplicate request. Upon email follow up with FOIA, they responded that both I-140 and Labour petition will be addressed as part of the request I raised for I-140 copy. But they added a message that says “Just for your awareness, the records retention policy changed in 2015 for the I-797 receipts/approval notice of I-140’s. They are no longer required to be maintained in the file. To obtain a copy of the approval notice for your I-140, you may wish to contact the company that petitioned for you.”
    I am confused now...whether I will get the copy of I-140 through my FOIA request or not. Estimation date to complete my request for I-140 copy shows as 5-Mar-2021.
  9. I also checked with NVC (just in case CP was selected by me earlier as I completely forgot which option I chose during I-140 application) with the I140 receipt number…they said they have not received such case from USCIS and advised me to check with USCIS.

Kindly help me with the below queries.


1. What might have happened to my I-140? Can I apply for AOS with just the I-140 receipt number while I wait to get the I-140 copy?

2. Can I still file for AOS or CP although my priority date is about to be passed by 2 years now?

3. What is the best option for me to get GC quickly and safely - AOS or CP?

Thank you.

Regards

Venkat

Share this post


Link to post
Share on other sites

Hello,

My L1A petition is filed in January 2021 in premium and I received an RFE with in 10days. My attorney provided RFE documents and status updated in USCIS website “RFE documents have been received” - Its been 20 calendar days and the status of the application not changed - Either approved or denied 

is this is common that in premium process it takes more than 15 calendar days? 

not getting status update mean its denied? 
can you please suggest?

Share this post


Link to post
Share on other sites

Hi 

I transferred my Visa from Employer A to B in Jan but got a RFE Employer B is taking loads of time in processing the RFE response becuase of which I want to go back to my old employer also i was on leave with Employer A during the period I was working for employer B 

Now my problem is  my Employer A is asking me to join a new project

I am unable to understand how to tackle this issue as I will have then 2 payslips for same time period

 

 

 

 

Share this post


Link to post
Share on other sites
On 3/3/2021 at 2:29 PM, GDVenkat said:

I-140 approved in 7-Sep-2010 when I was on H1B. Employer lost I-140 approval notice. Yet to apply AOS or CP. Below are the details of my case. Kindly help with suggestions.

Here is the history. I am with the same employer throughout.

Here is the history. I am with the same employer from 2004 till now.

  1. Moved from India to USA on H1B through my employer in May-2005
  2. Employer applied for PERM in 2008/2009, was approved. I-140 was filed in 2008 under EB2 category, RFE was received and the I-140 was denied later as the employer did not provide response for a query regarding company name change.
  3. I-140 was refiled again by employer and it got approved in 7-Sep-2010 but employer lost the approval notice due to changes in Paralegal teams because of multiple mergers. I was not aware of this until recently.
  4. Got transferred back to India for personal reason in Nov-2010.
  5. Again transferred back to USA on L1A Individual on June-2019, continuing here till now.
  6. Employer’s new paralegal team is now working on my L1A extension, this is when I came to know about the I-140 that was refiled in 2010. I was with the assumption that my path for GC was closed when the first I-140 was denied.
  7. After multiple follow ups, Paralegal team got receipt number of approved I-140 from USCIS through representation. They also filed I-824 to get a copy of I-140 approval notice recently.
  8. I also raised two FOIA requests to get I-140 approval notice copy and Labour petition copy. FOIA request for Labour was completed with the message from FOIA that it is a duplicate request. Upon email follow up with FOIA, they responded that both I-140 and Labour petition will be addressed as part of the request I raised for I-140 copy. But they added a message that says “Just for your awareness, the records retention policy changed in 2015 for the I-797 receipts/approval notice of I-140’s. They are no longer required to be maintained in the file. To obtain a copy of the approval notice for your I-140, you may wish to contact the company that petitioned for you.”
    I am confused now...whether I will get the copy of I-140 through my FOIA request or not. Estimation date to complete my request for I-140 copy shows as 5-Mar-2021.
  9. I also checked with NVC (just in case CP was selected by me earlier as I completely forgot which option I chose during I-140 application) with the I140 receipt number…they said they have not received such case from USCIS and advised me to check with USCIS.

Kindly help me with the below queries.


1. What might have happened to my I-140? Can I apply for AOS with just the I-140 receipt number while I wait to get the I-140 copy?

2. Can I still file for AOS or CP although my priority date is about to be passed by 2 years now?

3. What is the best option for me to get GC quickly and safely - AOS or CP?

Thank you.

Regards

Venkat

Since you are looking for specific legal advice you should either speak with your attorney, or call our office to schedule a consult with one of our attorneys.

Share this post


Link to post
Share on other sites
On 2/28/2021 at 11:14 AM, gopalakri said:

Hi,

My parent's immigrant Visa was approved in March 2020. Because of flight restrictions due to COVID they could not travel to the US before their VISA expired. When the US consulate in Mumbai reopened we made an appointment but it was cancelled as their category (IR5)  was not being processed.

To date I cannot make an appointment for their category (IR5). Please advise what we can do? Also what can I expect once they start processing?

I am not able to get any information from the consulate.

Thank you

Hello Gopal, Wanted to check if you got any proper response from Mumbai COnsulate, i am emailing them as well but they are not sending any proper response..they are just pointing to rebook appointment do medical, police clearance , come for interview and pay the fees. It would be helpful if you can let us know if you got any response.

Share this post


Link to post
Share on other sites

I am also having similar issues with my parents' Green Card processing. I am planning  to bring them to USA on their B1 visa which is valid till Feb 2022 and submit for I485 Adjustment of Status. This should convert from Consular processing to Adjustment of Status. I am not sure if I have to wait 3 months after they arrive here, or if i can file I-485 as soon as they enter USA. 

Edited by Anvin

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

×