Founded in 1993, BAUGHMAN & WANG is one of the most respected law firms focusing on immigration law in the United States. The firm has built its reputation through a team of first-rate attorneys practicing in the areas of immigration, civil litigation, family law and personal injury.
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You can also listen to Attorney Justin Wang’s bi-weekly live radio show on Wednesday at 11:30 am on FM96.1 in Singtao Chinese Radio. (To replay, please click the links below) 04/17/2013 04/03/2013
NEWS AND UPDATES:
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Q: Someone(including immigration lawyers) told me that after I filed my I-485, my status in the US is lawful and if my I-485 is later denied, I may file change status or file a new I-485. Is that true?
A: It is true only if your I-485 is approved. If your I-485 is denied,you will be deemed not in lawful status from the time your previous non-immigrant visa expired. For example, if your B-2(I-94) is valid when you filed your I-485. Two months after you filed I-485, your B-2 expired. Then 7 months later your I-485 is denied. CIS will consider you were not in lawful status from the time your B-2 expired. You could not file a new I-485 based on employment visa approval because you were out of lawful status for more than 6 months. You cannot file change of status to any non-immigrant visa because you have been out of status.
In another word, adjustment of status application cannot save you from falling out of status unless that application is approved.
You may keep your non-immigrant status after you filed I-485 by maintaining your non-immigrant status. For example, if you are on F-1 visa, you maintain your student status and do not use the EAD to work; if you are in H1 status you keep working for the company provided the H-1 is still valid).
Question Detail: I applied i589 asylum in 2008 in Los Angeles. It was denied and in immigration court, then I moved to San Francisco. I married with my US citizen husband on 2011 and I got i130 approved on Jan, 2013. I sent my I485 application to USCIS and court. ON April, 2013, my individual hearing date for i589, my attorney wanted to withdraw asylum and use i130 to apply for i485. The prosecutor rejected to adjust status by i130 and she asked the Judge to justice my asylum case because prosecutor accused me of fraudulent in i589.Finally, they scheduled another individual hearing 2 years later. My questions are: 1.what kind of reasons that the prosecutor accuse me of fraudulent? Does the prosecutor need to have the certain evidence to accuse me?2.(I have two evidence, one is obtained by myself in the hospital, the other one is obtained by my mother-in-law, I don’t know how she got it, I even don’t tell her to do any fraudulent evidence). If the evidence (provided by my mother-in-law) is fraud, do I need to be responsible for that? Thanks a lot to everyone’s suggestions!
Answer: If the government believes that you have committed immigration fraud(either in your visa application or asylum application), you cannot adjust your status based on any visa petition without a waiver. Your attorney should be able to explain to you why the government counsel would oppose your adjustment based on your USC husband’s approved I-130 petition. It is a delicate situation and your attorney must make a decision whether to proceed with the asylum or adjustment(if adjustment if you need a waiver).
If you don’t seem to understand the situation, you should seek second opinion from other experienced immigration lawyer.
For the first time since 2008, U.S. Citizenship and Immigration Services (USCIS) has reached the statutory H-1B cap of 65,000 for fiscal year (FY) 2014 within the first week of the filing period. USCIS has also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the advanced degree exemption.
USCIS received approximately 124,000 H-1B petitions during the filing period, including petitions filed for the advanced degree exemption. On April 7, 2013, USCIS used a computer-generated random selection process (commonly known as a “lottery”) to select a sufficient number of petitions needed to meet the caps of 65,000 for the general category and 20,000 under the advanced degree exemption limit. For cap-subject petitions not randomly selected, USCIS will reject and return the petition with filing fees, unless it is found to be a duplicate filing.
The agency conducted the selection process for advanced degree exemption petitions first. All advanced degree petitions not selected were part of the random selection process for the 65,000 limit.
As announced on March 15, 2013, USCIS has temporarily adjusted its premium processing practice. To facilitate the prioritized data entry of cap-subject petitions requesting premium processing, USCIS will begin premium processing for H-1B cap cases on April 15, 2013.
USCIS will continue to accept and process petitions that are otherwise exempt from the cap. Petitions filed on behalf of current H-1B workers who have been counted previously against the cap will not be counted towards the congressionally-mandated FY 2014 H-1B cap. Accordingly, USCIS will continue to accept and process petitions filed to:
- extend the amount of time a current H-1B worker may remain in the U.S.;
- change the terms of employment for current H-1B workers;
- allow current H-1B workers to change employers; and
- allow current H-1B workers to work concurrently in a second H-1B position.
U.S. Citizenship and Immigration Services (USCIS) announced today that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2014. USCIS has also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the advanced degree exemption. After today, USCIS will not accept H-1B petitions subject to the FY 2014 cap or the advanced degree exemption.
