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USCIS Reaches Fiscal Year 2022 H-1B Cap

2 years ago By Chief Editor

Release Date

02/28/2022

USCIS has received a sufficient number of petitions needed to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap, for fiscal year (FY) 2022.

USCIS has completed sending non-selection notifications to registrants’ online accounts. The status for registrations properly submitted for the FY 2022 H-1B numerical allocations, but that were not selected, will now show:

Rajiv's Article - Is it legal for an H1B employee to be the beneficiary of multiple lottery registrations?

2 years ago By Chief Editor 2 comments

Published by: The Economic Times - Date: February 28, 2022

Synopsis
This question has created much confusion amongst the employers and the employees Because of a new declaration introduced by the USCIS. Every employer who signs up an H-1B employee for the lottery registration must now declare “under penalty of perjury:”

For more on this article please see the attachment below.

Frequently asked questions answered in The Economic Times NRI Helpdesk by Rajiv - How long can I stay outside the US without losing my Green Card?

2 years ago By Chief Editor

FAQ's answered in The Economic Times NRI Helpdesk: How long can I stay outside the US without losing my Green Card?

Published by: The Economic Times: February 27, 2022

Question: I am a US green card holder. I traveled from the US in September 2021 and am currently in India. I need to stay here longer due to personal reasons. How long can I stay outside the US without my GC being affected? Alternatively, would it suffice if I pay a week’s visit to the US before March 2022?

USCIS will no longer accept a single combined payment on certain forms filed together with an H-1B or H-1B1 petition

2 years ago By Chief Editor

For all H-1B and H-1B1 petitions received on or after April 1, 2022, USCIS will no longer accept a single, combined fee payment when Form I-539, Application to Extend/Change Nonimmigrant Status; Form I-765, Application for Employment Authorization; or Form I-824, Application for Action on an Approved Application or Petition, is filed together with an H-1B or H-1B1 petition (Form I-129, Petition for a Nonimmigrant Worker). Each of these forms received by USCIS on or after April 1 must have its own fee payment instrument or USCIS will reject the entire package.

What exactly is Interfiling?

2 years ago By Chief Editor

What exactly is interfiling?

Maintaining H-1B status once I-I485 EAD is received after downgrading from EB-2 to EB-3

2 years ago By Chief Editor

Question details

I have been on H-1B for the past 16 years. Recently received my I-485 EAD after downgrading from EB-2 to EB-3. Can I work full time for my own company now in the same field or Do I still need to have an employer, if I am ok to give up H-1 status?

FAQ Transcript

Theoretically at least, the answer is “yes”. The government clearly allows that, but there are a lot of wrinkles. Talk with the lawyer and make sure you understand all the nuances, including employer-employee relationship, genuine job offer etc., and then you can do it. I do not see any reason why you cannot.

Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Interfiling - EB-2 to EB-3 downgrade as per the amendment. Can I now interfile?

2 years ago By Chief Editor

Question details

My EB-2 was downgraded to EB-3 in Oct 2020 and the attorney marked the amended box ( "To amend a previously filed petition") as checked.

Timeline:

I received the EAD combo card in Dec 2021. Changed the Employer (though transferred H-1) using AC21 after way more than 180 days of pending 485

My PD is June 30, 2012 Now that EB3 is retrogressed and stuck in Jan 2012., I wanted to know

1. If I interfile EB2. Will it be rejected as the amended box was checked when downgraded?

2. If we interfile, will there be an impact on the EB-3, in case they reject it

3. What is the best way now to have both EB-2 and EB-3 run side by side. What is the fastest way to get to GC in my case?

FAQ Transcript

1. First of all you cannot interfile because you are not with that employer who holds your EB-2 I-140. Regarding rejection, you are right.

2. It could be.

3.Have your new employer start a new case. Start from PERM upwards.

Interfiling - Job change after I-140 approval with priority date current and issues with H-1B transfer and H-1B extensions

2 years ago By Chief Editor

Question details

I am on H-1B visa with employer A. Have approved I-140 with priority date as Oct 2015 under EB-2. Looks like EB-2 can hit 2015 by the end of this year. With that in mind, Below are my questions:

1) Suggestions on switching employers when PD is nearing anytime soon. If I switch to employer B, what if my PD becomes current before employer B I-140 is approved? How long can I wait after my priority date becomes current to file I-485 with employer B I-140?

2) Will there be any issues for H-1B transfer and further H-1B extensions with employer B when the new PERM/I-140 is still under process?

FAQ Transcript

If you have changed employers priority date with the old employer becomes current you could go back and join them, if you have a good explanation why you left them in the first place.

Left while Extension pending. B-1/B-2 visa inspection at the airport by the CBP and repercussions

2 years ago By Chief Editor

Question details

We live in Delaware. We had extended my parent's B2 Visa twice in the past. Once in 2016 and it was approved. Second time in 2018, but they went back to India before the decision on extension. For the second extension, we got a letter from USCIS stating, "Since they left the country, USCIS is not approving the extension, However they can travel again"

Again in 2019, they came and left the US in 6 months.

This year, they came last week on Jan 31 2022, but CBP in Philadelphia airport took them for inspection at the port of entry. After a long wait time, CBP came back and told them that they had overstayed and they had canceled their B2 Visa. CBP gave a letter that they can stay for three months and leave the country before April 30.

Though we followed the process defined, we are really not sure why they canceled the visa.

With this situation, Can you please advise what is our option,

1. Can we appeal for visa reinstatement?

2. Can we go back to the country and apply for a B2 Visa again in May ? Or should we wait for some time before applying again?

FAQ Transcript

I think you should bring this up to your congressman's office. Maybe you can even tell them what you heard from me that this is an inappropriate application of 222(g), within the Department of State standard operating procedures that's called FAM (Foreign Affairs Manual) it clearly says if you leave while the application is pending you are not subject to 222(g).

Rajiv's Comments in the News - US to process more green cards this year under employment based categories - CNBC TV18

2 years ago By Chief Editor

Published by: CNBC TV18: February 23, 2022

Quotes and Excerpts from Rajiv in the article:

“The USCIS wants to approve as many green cards as they can as there has been a huge spillover from the family quota. This has not happened in the past in such large numbers,” Economic times quoted Rajiv S Khanna, Managing Attorney of Immigration.com.

For more on this news please see the attachment.

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