“For employees who are coming from outside the US, premium processing will offer a great deal of comfort in knowing where a case stands. If the application is denied, which is quite common these days, there will be enough time to appeal or litigate it before the October 1, start date,” Rajiv S. Khanna, Managing Attorney at Immigration.com told TOI.
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USCIS has received enough petitions to reach the additional maximum 30,000 visas made available for returning workers under the H-2B numerical limit (also called a cap) for fiscal year (FY) 2019.
“The outcome will be more delays and expansion of the consular power to deny visas that have been traditionally exempt from too many problems, such as H-4 and L-2 visas for derivative beneficiaries (spouses and dependent children of H-1B and L-1 visas holders). Already, consulates enjoy plenary powers in visa decisions. We cannot challenge visa denials, unless egregious and obvious illegality can be demonstrated. These questions combined with unfettered power are just a part of the invisible wall against lawful visitors,” Rajiv S. Khanna, managing partner at Immigration.com told TOI.
You may file Form I-539, Application to Extend/Change Nonimmigrant Status, online if you are applying as a single applicant (without co-applicants, or legal or accredited representation) to extend your stay and you hold status as a:
USICS strongly encourages you to update your address with USCIS to ensure you receive all correspondence and benefits from USCIS in a timely manner and avoid possible delays related to your case.
USCIS recently updated the following USCIS form:
However, even if this proposal goes through, it would take a while for it to take effect. "The process is currently at the second last stage. Once it is approved here, it will be posted in the federal register and people will have 30 or 60 days to post comments, following which the regulation will be made final," Rajiv S. Khanna, managing attorney at immigration law firm Immigration.com, told the Economic Times. The administration is obligated to comment before publishing and implementing the final rule, a process that could take as much as a year, he added.
Rajiv S Khanna, managing attorney at immigration law firm Immigration.com, said it could take as much as a year for the visa programme to get scrapped. "The process is currently at the second last stage. Once it is approved here, it will be posted in the federal register and people will have 30 or 60 days to post comments, following which the regulation will be made final," said Khanna. The administration is obligated to comment before publishing and implementing the final rule, a process that could take several months, he added.