FY 2024 H-1B Cap Initial Registration Period Opens on March

U.S. Citizenship and Immigration Services announced that the initial registration period for the fiscal year 2024 H-1B cap will open at noon Eastern on March 1 and run through noon Eastern on March 17, 2023. During this period, prospective petitioners and representatives will be able to complete and submit their registrations using the online H-1B registration system.

USCIS Extends COVID-19-related Flexibilities

Release Date 

U.S. Citizenship and Immigration Services is extending certain COVID-19-related flexibilities through March 23, 2023. Under these flexibilities, USCIS considers a response received within 60 calendar days after the due date set forth in the following requests or notices before taking any action, if the request or notice was issued between March 1, 2020, and March 23, 2023, inclusive:

Options to upgrade to EB-1C as an International Manager or Executive

Question details

My PD - July 2014 EB2. I have a pending 485 and got EAD and AP.
I’m a manager in my current company and manage teams in India and the US.
I would like to know how to upgrade to EB1 as International Manager.
Is it required that I work outside the US for one year?
If I visit India and work for 3-4 months, can the accumulated time over 2-3 years be used for upgrading to EB1?
I would also like to know if we can renew EAD from India and keep the current 485 processes on track.
 

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FAQ Transcript

Yes, you can upgrade.
No, you cannot you cannot renew EAD from India.
 

US Citizen child living in India applying for parents' green card at the age of 21

Question details

My cousin’s family relocated to India from the US. They have a US-born daughter who is a US citizen.
Now the daughter wants to come back and study for a bachelor's in the US. Once she turns 21, can she sponsor the Green Card for her parents? If so, I would like to know details about the process and timeline involved.
 

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FAQ Transcript

Once she turns 21 she can definitely apply for you as long as she's domiciled in the United States by the time you go for your Green Card interview at the consulate.

Can too many parking tickets affect Green Card or Citizenship process?

Question details

If someone gets around 50 parking tickets in a year, how would it affect visa / GC / citizenship?

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FAQ Transcript

I think it has no effect. Parking tickets are simply non-moving violations.Either you parked in the wrong place or the meter ran out after you parked.However, there are two components to moving violations. There is recklessness which can become criminal and that could become a major issue by itself or many speeding tickets that are not criminal could lead to a conclusion that you are not a person of good moral character.

Who is required to pay for an EB-1C Green Card?

Question details

Who pays for the I-140 filing fee? Employer or Employee? Do federal regulations mandate payment by the employer? Who pays the attorney fees for the I-140 form per federal regulations? Is it mandatory to be paid by the employer? Who pays for the I-1485 filing fee per federal regulations? Employer or Employee? Any federal mandate I need to know? Who pays for I-485 attorney fees per federal regulations? Is anything mandated in federal regulations?
 

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FAQ Transcript

Generally speaking for L-1/EB-1C there are no requirements of any kind that say that the employer has to pay. The employee can pay for I-140 and I-485.
 

Concerns about EB-1C Green Card Portability

Question details

How does EB-1C portability work?

I also have a question about the EB1C portability of the priority date. Say, If I have I-140 approved under EB1C and have a particular priority date. For some reason, if I need to or want to change employers and I do not qualify for EB1C with other employers. My new employer can file I-140 under EB-2, or I can file EB-2 NIW myself. I have both options. The question is whether I can use the priority date of the earlier approved I-140 petition under EB1C to the new employer's EB-2 petition and file AOS.
 

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FAQ Transcript

Sure.  EB-1/EB-2/EB-3 all of them can be ported.