Lang Wallace LLC Blog

Effective June 1, 2014, USCIS is issuing Requests for Evidence (RFE’s) on Adjustment of Status Applications submitted for the green card asking applicants to submit a new Form I-693, Report of Medical Examination and Vaccination Record if the I-693 has been pending at US CIS for more than one year.  We note that the Medical Examination does not have to be less than one year old.  But, long-pending green cards will need to refresh their Medicals.

In the Policy Alert (PA-2014-005) issued on May 30, 2014, USCIS also restates that applicants must submit Form I-693 to USCIS within one year of the immigration medical examination, and, interestingly, that USCIS will provide additional ways to submit Form I-693.[1]

Question: I came to the US in August 2007 and completed my Masters in Electrical Engineering in December 2009. Then I got enrolled in an MBA program in January 2010. In the meantime my F-1 visa got expired and I went to India to get a new F-1 visa. I was not eligible for re-stamping because my visa had already expired more than 1 year ago. New Delhi US embassy rejected it twice, saying that I could be a potential immigrant. Now I want to go for third attempt. My question is if my visa is denied this time, can I apply for a B-1/2 visitor visa immediately? In case I don't get an F-1 visa, I want to come back to US to take care of my belongings.

Question: My green card (Employment based) was approved in September 2010, and since then I have not travelled outside US. But after 4 months from now, I have a need to be in India for 8-10 months to oversee medical treatment of my aged parents. I am planning to apply for re-entry permit and once my permit comes through, I will travel to India. Now my questions are:

1) If I return to US after 10 months of departure with a valid re-entry permit, will the counter for 5 years towards naturalization be re-set? Means, will I lose 1.5 years of stay in US and my 5 years will count from the day I return to US after 10 months?

2) If I don’t lose this 1.5 years, will that be an issue at the time of citizenship?

3) What documents are required at the time of interview for citizenship?

Question: I was granted asylum status 3 years ago. Based on that, I filed I-485 [application for adjustment of status] with an I-131 form for advance parole. On 08/23/11 my current Advance Parole will expire. I already filed for a new Advance Parole and did the biometrics [fingerprints] two month ago – but my new AP is still pending. I am supposed to leave the country in a week.

Is it possible for my husband to mail the AP letter after he receives it? Or do I have to pick it up in person? Is it going to affect our I-485 applications if I leave before getting the AP letter? Please, help!

Answer: I would wait for the AP. The general rule is if you travel before the advance parole document is issued, the I-485 application will be deemed abandoned. See Form I-131 Instructions, Page 4, Section 3 [Advance Parole Document], Part E, which states: If you travel before the advance parole document is issued, your application will be considered abandoned, if: (1) you depart the United States; or (2) the person. Seeking advance parole attempts to enter the United States before a decision is made on the application.

See link: http://www.uscis.gov/files/form/i-131instr.pdf

There are some exceptions for certain individuals in H, L, K or V status AND restrictions for asylees [I believe focused on traveling to the country of claimed persecution].

Please let me know if I may be of further assistance.

The visa-interview waiver program for renewing nonimmigrant visas is now permanent, after the conclusion of a two-year pilot program, according to the State Department.

As a result of recent revisions to the department’s Foreign Affairs Manual, consular officers now have discretion to waive in-person applicants’ interviews for certain H-1B, TN, L and other nonimmigrant visas.

Specifically, they may waive interviews for applicants seeking to renew any nonimmigrant visa within 12 months of the initial visa’s expiration date if it’s in the same classification with the same employer. For example, an L-visa holder who is seeking to renew her visa in the same category within a year of her last visa’s expiration date qualifies for the waiver. But an H-1B-visa
holder applying for an L-1 visa would need to appear for an interview.

With the exception of E, H, L, P and R visas, interview waivers are also available for nonimmigrant visa renewals up to 48 months after the initial visa expires if it’s in the same classification with the same employer.

First started in January 2012, the visa-interview waiver program allowed certain applicants in designated countries to renew U.S. visas without interviews. This is part of an effort to improve the visa process for individuals who have been screened previously, interviewed and approved for
certain nonimmigrant visas.

“This should improve the ability of nonimmigrant visa holders to renew visas in a timely fashion, rather than planning on time-consuming trips outside the U.S. to obtain visa renewals,” said Dillon Colucci, an immigration attorney in the Irvine, Calif., office of Greenberg Traurig. “Waiving the visa-interview requirements for these visa classes should free up valuable consular time and
decrease the time requirement to complete the overall visa process.”

Credit for this article belongs to Roy Maurer, online editor/manager for SHRM.

Question: I have been working with Company B since June 2009. Current I-797 for Company B expires in June 2012. Current H-1B visa stamp in passport is for Company A, and expires on September 7, 2011. I wish to take a quick trip to India this Friday and return on September 5, 2011. I do not have time to renew the H-1B visa stamp during this trip. If I arrive as per schedule, is there still risk that the immigration officer might not let me enter the US or only stamp my I-94 with validity till Sep 7th 2011? Also, current I-94 is valid till Dec 18th 2011. It was not stamped with I-797's expiry date of June 2012 because my passport was expiring on Dec 18th 2011; however, my renewed passport is now valid for another 10 years.

Answer: The Officer should grant you entry in H-1B status valid to the expiry date noted on your Company B I-94, June 2012. The expiry date on the visa stamp [9/7/2011] refers to the last day you may use that visa stamp to enter the US. However, it’s not uncommon for CBP to issue an I-94 valid only to the visa validity date, so don’t walk away from the counter until you have inspected your I-94 to make sure that a mistake was not made. I would also bring evidence of your current employment with B, including paystubs and/or an employment verification letter.

Question: I am a salaried employee working for Employer A on an H-1B. I currently have offers from 2 different Clients and I wanted to ask if it's legally allowed for me to work for both of these Clients being on H-1B? My employer is fine with it; however he wants me to send him an email stating that I'd like to work for the second Client to gain better experience and better salary compensation. Before I send them an email I wanted to make sure that by doing this, I'm not by any means jeopardizing my status. I'd appreciate if you can answer my above question. Thanks!

Answer: Yes, an H-1B can work (part-time or full-time) for more than one employer, but each must file a petition. See Letter, Bednarz, Chief, NIV Adjudications, CO 214h-C (June 29, 1994), reprinted in 71 No. 27 Interpreter Releases 936, 952 (July 18, 1994); Letter, Gorsky, Acting Chief Advisory Opinions Division, DOS (Apr. 13, 1998), reprinted in 75 No. 17 Interpreter Releases 631, 648 (May 4, 1998).

I-9 Compliance Services and SSNs
With our I-9 Compliance services, we help US and international companies on US soil with their Workforce compliance systems. Our job is to interpret the I-9 Work Authorization laws, anticipate fines and discrimination pitfalls, teach methods for compliance, prepare for government audits and partner in visa matters during the hire of non-US workers. Clients request our legal services at several junctures: 

• Organizing I-9s in-house
• Learning how to complete an I-9
• Determining if E-Verify is for a company, with consideration for FAR (federal acquisition contract clause)
• Dealing with SSA No-Match letters
• Getting a Notice of Inspection (NOI) from the government for an “I-9 Audit”
• Doing an Internal I-9 Self-Audit to assess potential fines in system as is, clean up I-9 files

Reforming the per-country limits on employment and family-based visas are both up for consideration this week in the House. The purpose of "HR 3012" is to amend the Immigration and Nationality Act to eliminate the per-country numerical limitation for employment-based immigrants, to increase the per-country numerical limitation for family-sponsored immigrants, and for other purposes.

Question: I have an I-485 (adjustment of status) application pending, based on a labor certification filed 6 years ago. I am waiting for my priority date to become current. I work in H-1B status, have an H-1B visa AND a valid EAD (employment authorization document) and AP (advance parole/travel document). My EAD and AP will expire soon. Now that USCIS is issuing a convenient “combo card” combining the EAD and AP into one card, will I get a combo card when I apply to renew my EAD and AP?

Answer: You are only eligible for an EAD/AP combo card if both applications (I-765 and I-131) are filed simultaneously, and both the EAD and AP documents are within 120 days of expiry. Below please find a link to the USCIS Policy Memorandum, on the subject of issuance of the combo card.

On October 5, 2011, the House Committee on the Judiciary, Subcommittee on Immigration Policy and Enforcement held a hearing  to discuss whether the U.S. should reform its immigration policies to retain more foreign graduates of American universities’ advanced degree programs in the “STEM” fields of science, technology, engineering and math.    

Inside Higher Ed’s article, “Reverse Brain Drain,” provides coverage of the hearing:  
...foreign students are dramatically outpacing their American counterparts in the STEM fields.  In 2009, half to two-thirds of all Ph.D.s in related fields and almost half of all engineering and computer science master’s degrees awarded by American colleges were earned by foreign students...
Because only 140,000 total employment-based immigrant visas are available each year, with only 7% of that number available to each country, the United States is not absorbing these foreign graduates into its workforce.  Backlogs have grown to the point that some green card seekers could spend a lifetime waiting for permanent residency.  According to the article: