We assisted in the filing of an H-1B petition for a newly established company in the healthcare industry for a computer and information systems manager. We received a request for evidence (RFE), asking for details about the employer and questioning the employee’s qualifications. Oddly, the RFE specifically questioned the credentials of the professor, who had assessed the employee’s educational background and experiential qualifications.
Number 58
Volume X
Washington, D.C
A. STATUTORY NUMBERS
This bulletin summarizes the availability of immigrant numbers during October for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.
USCIS recently updated the lockbox filing location information for the following USCIS form(s). Please see the “Where to File” section of the webpage for your form.
Release Date
U.S. Citizenship and Immigration Services today announced that, effective Oct. 1, 2021, applicants subject to the immigration medical examination must be fully vaccinated against COVID-19 before the civil surgeon can complete an immigration medical examination and sign Form I-693, Report of Medical Examination and Vaccination Record.
If USCIS determines there are more immigrant visas available for a fiscal year than there are known applicants for such visas, USCIS will state on this page that you may use the Dates for Filing chart. Otherwise, USCIS will indicate on this page that you must use the Final Action Dates chart to determine when you may file your adjustment of status application.
As part of the credit card payment pilot program, the Texas Service Center is now accepting credit card payments using Form G-1450, Authorization for Credit Card Transactions, for petitioners filing Form I-140, Immigrant Petition for Alien Workers, with
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
http://www.youtube.com/immigrationdotcom
WASHINGTON— U.S. Citizenship and Immigration Services will celebrate Constitution Day and Citizenship Day this year by welcoming 21,000 new citizens in 335 naturalization ceremonies across the country between Sept. 17 and 23.
USCIS recently updated the following USCIS form(s):
Discussion Topics, Thursday, Sept 16, 2021
FAQ: Consequences of extending parents’ B-1/B-2 (visitors/tourist) status more than once||Consequences of green card holders staying outside the USA for an extended time. Reentry permit protection ||Applied for EB-3 downgrade and change of employer after 180 days while I-140 is pending
USCIS recently updated the lockbox filing location information for th
I am on an L-1 visa, and I am working in the U.S.. My wife is outside the U.S. Her L-2 visa has expired. We want to get an appointment somewhere to get visa stamping together. I cannot travel without an appointment, or else I will be stuck and will not return to the U.S. without visa stamping. The embassy has not opened for more than a year now, and she is stuck, so how can we get appointments? Can this be an emergency appointment case?
We do not have enough information about your case, but generically, it appears that your wife may have the option to go through the dropbox process. Please look into that. Also, emergency appointments are just that: reserved for an emergency. Most consulates are not likely to entertain such a request unless there is a real emergency.
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.
I have an approved H-1B petition. Right now, I am in India. However, my spouse also holds an H-1B. Can I apply for an H-4 visa and travel to the USA with my spouse and apply for a change of status in the USA from consular processing and use my H-1B there. Will it affect my H-1B in any way?
Technically, the USCIS can object to applying for a change of status within 90 days after entry, if the change results in activities that are inconsistent with the original visa used for entry, the H-4 visa. The key question is whether applying for H-1B soon after entry into the USA is inconsistent with H-4, a visa that allows work authorization.
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.
We are the parents of a minor (5 months) old U.S.Citizen daughter who is currently in India. We need to take our daughter to the U.S. for her 6-month vaccination doses. My H-1B visa and my spouse's H-4 visa need to be renewed, but unfortunately, there are no dropbox appointments available in any city. Is there a way an exemption can be made for our travel? I am a civil engineer who has built commercial facilities and will be building more commercial facilities in California, USA.
You can try seeking an emergency visa appointment based on medical reasons applicable to your daughter.
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.
I am presently in the U.S. and will be visiting India to get my H-1B Visa stamped. As there are travel restrictions for passengers from India to the US, will I be allowed to enter the U.S. on an H-1B visa? Presently I am staying in the U.S. on OPT.
Unless you are covered by an exemption, you will have to apply for a national interest exception. Also, getting appointments for visa stamping is not particularly easy at the moment.
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.
We are currently in India, and one of my daughters is a U.S. citizen by birth. However, our H-1B visa expired a few years ago. So now we do not have any valid U.S. visas. Can we travel to the U.S. now based on my daughter's U.S. passport? Please advise as we heard many such parents are traveling like this, Are there any options for us?
You cannot reenter the USA without a visa. Having a US citizen child exempts you from the travel ban, but not from the visa requirements.
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.
I recently transferred from the U.S. to the UAE office since I was not selected in the H-1B lottery in March. I was then selected in the second lottery and my company has started the H-1B process. Can I do short-term 1-2 week visits on H-1B every few months instead of B-1? Do I need to be employed to enter the U.S. using H-1b?
While intermittent H-1B employment is permitted, it is only for the job for which you have an H-1B approval. You cannot use an H-1B visa to travel to the US intermittently without that job.
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.
I am on F1 OPT and in the U.S. My OPT started in Jan 2021. My wife is in India and just got her F-2 visa. We both are Indian and haven't been able to meet. Would you please tell us if she can travel to the U.S.? Most places say that the program needs to start on or after August 1st, but I am very confused, given that my OPT began in January.
OPT is considered an ongoing program. She can travel now, subject only to the Covid-19 related health directives.
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.
I am on my OPT period (June 1st, 2021 - May 31st, 2022) and am working for a company in the USA. I plan to travel to India for my sister's wedding from December 18th, 2021, to December 28th, 2021. The following are my questions for travel in these COVID situations:
1. I wanted to know the details for entering the USA. What documents should I have while entering the USA?
2. Does the USA allow OPT holders to enter?
A1: You will need to contact your DSO for endorsement on your I-20 to travel, evidence that you have been working (like pay stubs), and a letter from your employer confirming that you will be returning to your ongoing employment.
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.
I am a Slovenian citizen, and I plan to do a 3-month student internship in the USA in December. I have everything arranged with my employer. The only question I have is, can I travel from the Schengen area on my J-1 visa? And if not, how can I come to the USA for my internship?
J-1 exchange visitors will be able to travel only if the visa is approved and they qualify for a national interest exception (NIE).
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.
My parents are both U.K. citizens and don't have any visas apart from just an ESTA; they are in the U.K. However, my wife is American, and I am now a U.S. citizen, and we both live in the U.S. permanently. We just had a baby a few days ago, and we want my parents to travel from the U.K. to the U.S. to help with the baby. Is this possible for them to travel on the ESTA they have? If not, can we apply for a different visa, so they can come to the U.S.?
It appears they will be able to travel only if they travel to and stay for two weeks in a third country from which travel to the USA is allowed.
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.
What are the consequences if we extend parents visitor's visa's stay for more than 1 time? Will it be a problem when they come back to US again? Is the minimum time to come back again still 6 months?
The first consequence is coming too frequently. So, then stay away for one year. The second is you have to keep daisy-chaining your extensions. Three if you leave without an extension result, it's okay as long as you're leaving within the time that you asked for and lastly, if the extension is denied you may have to apply for a new tourist visa. More...
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.
My spouse has her green card from 2014 and she has been travelling regularly to India to take care of her ailing Father.
She had been coming back to USA within Less than 6 months and staying in the US for a few months
and travelling back again. This has has been going on for the past 6 years. In between she got a reentry permit for 2 years which has expired.
recently she travelled back to the US after 8 months and had a tough time with the immigration officer who questioned regarding the
extended stay in india and finally she was allowed in with the regular stamp in the passport. No comments/special notes were made in the passport.She has now applied for a new re entry permit and waiting for its approval.
she co owns the house and a partner in the LLC and has been filing US resident taxes and I have
been working and staying in the US during the entire period .
1) Based on the above details is it safe for her to travel once her re entry permit is approved?
2) Should she wait for a specific period of time before she can travel ?
3) Would carrying a copy of the House title,LLC partnership details and copy of the Tax filing help
in case she is questioned at the Port of entry.
In a situation like this you should really talk to a lawyer. The key indicators of a situation like this are does she permanently live in the United States. Doing it repeatedly year after year for six years that does not bode well, but with special circumstances, you could make an argument that she never intended to abandon her permanent residence. More...
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.