Guestbook Entry for Vaishali & Niraj Jagasia , United States
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Vaishali & Niraj Jagasia
Country
United States
State
VA
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Guestbook Entry for subodh shetty , United States
Name
subodh shetty
Country
United States
State
VA
Guestbook Entry for Ahmad Raza, United States
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Ahmad Raza
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United States
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MD
ACICS Loss of Recognition May Affect Certain Students Applying for English Language Study and 24-month STEM OPT Extension Programs, H-1B, and I-140 Applicants
Release Date
11/01/2022
On Aug. 19, the U.S. Department of Education (ED) announced that it no longer recognizes the Accrediting Council for Independent Colleges and Schools (ACICS) as an accrediting agency. This determination immediately affects two immigration-related student programs:
PERM Processing Times (as of 10/31/2022)
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | February 2022 |
| Audit Review | December 2021 |
| Reconsideration Request to the CO | May 2022 |
Agency
Green Card
Immigration Law
USCIS Announces Online Filing for Affirmative Asylum Applications
Release Date
11/09/2022
WASHINGTON—U.S. Citizenship and Immigration Services announced today that Form I-589, Application for Asylum and for Withholding of Removal, is available to file online for certain affirmative asylum applicants. USCIS continues to accept the latest paper version of this form by mail.
What happens if I get laid off while holding a work visa (H-1B, L-1, etc.)?
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Nonimmigrant Visas
Immigration Law
Conversation Between Rajiv S. Khanna And Kim Tignor (Executive Director - The Institute for Intellectual Property & Social Justice)
Published in the December 2022 issue of ALI CLE’s The Practical Lawyer
This article is part of the continuing series of interviews between Rajiv S. Khanna, principal of The Law Offices of Rajiv S. Khanna, PC, (www.Immigration.Com), and leading practitioners across the country, designed to provide personal and professional insights into various areas of the law.
Read more by clicking the pdf attachment.
Visa Bulletin For December 2022
Number 72
Volume X
Washington, D.C
A. STATUTORY NUMBERS
This bulletin summarizes the availability of immigrant numbers during December 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 Forms Update Notice
USCIS recently updated the following form(s):
Form I-131A, Application for Travel Document (Carrier Documentation)
11/02/2022 12:27 PM EDT
Edition Date: 11/02/22. Starting Jan. 18, 2023, USCIS will only accept the 11/02/22 edition. Until then, you can also use the 02/13/19 edition. You can find the edition date at the bottom of the page on the form and instructions.
For more information, please visit Forms Updates page.
USCIS Issues New Guidance on EB-1 Eligibility Criteria for Individuals with Extraordinary Ability
U.S. Citizenship and Immigration Services is issuing policy guidance in the Policy Manual to further clarify the types of evidence that USCIS may evaluate to determine eligibility for extraordinary ability (E11) EB-1 immigrant visa classifications.
This policy guidance:
USCIS Updates Guidance on the International Entrepreneur Rule
Release Date
10/10/2024
USCIS updated guidance on the International Entrepreneur Rule in the Policy Manual to clarify the required triennial increase in investment, revenue, and other thresholds, and to clarify how USCIS arranges biometrics appointments for certain applicants.
Visa Bulletin For November 2024
Number 95
Volume X
Washington, D.C
A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS
This bulletin summarizes the availability of immigrant numbers during November 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.
Agency
Green Card
Immigration Law
USCIS Updates Policy Guidance Clarifying Expedite Requests
USCIS is updating guidance in the USCIS Policy Manual to clarify how USCIS considers expedite requests related to government interests and requests related to emergencies or urgent humanitarian situations, including travel-related requests. This update also clarifies how to make an expedite request and explains how USCIS processes expedite requests.
Government Interests
Recording for October 10, 2024 Conference Call with Rajiv S. Khanna
Nonimmigrant Visas
Topics Discussed:
USCIS - Form G-1055, Fee Schedule Updated
USCIS recently updated the following form:
10/11/2024 12:02 PM EDT
Edition Date: 10/11/24. You can find the edition date at the bottom of the page of Form G-1055, Fee Schedule.
For more information, please visit the Forms Updates page.
PERM Processing Times (as of 10/15/2024)
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | August 2023 |
| Audit Review | December 2022 |
| Reconsideration Request to the CO | April 2023 |
Agency
Green Card
Immigration Law
EB-2 NIW I-140 portability for employer-sponsored cases
Question details
My employer is in the process of filing employer-sponsored EB2 NIW (instead of self-sponsored). I understand that self-sponsored EB2 NIW is independent of an employer and remains valid in any case. But can I-140 obtained from employer-sponsored EB2 NIW be transferred to another employer?
FAQ Transcript
The ability to keep your NIW when changing employers depends on whether you continue to pursue the same endeavor that was the basis for your NIW approval. If you maintain the same type of work in the same field, even with a different employer, you likely can keep your NIW. However, if you change to a completely different field or type of work, you may need to start a new green card process. For certainty, it's advisable to consider filing a new green card application or NIW when changing employers.
Concerns regarding nonpayment of wages and potential H-1B impact
Question details
I arrived in the U.S. in the last week of May 2024, and despite innumerable requests, my employer has not run payroll for the weeks since my arrival. Could this pose any challenges for future H1B transfers, extensions, or I-140 processing? Is there a risk of scrutiny or denial due to this issue? If yes, could you guide how to mitigate this please?
FAQ Transcript
If your employer fails to pay you after starting your H-1B employment, it can pose challenges for future H-1B transfers. To address this:
- File a complaint with the U.S. Department of Labor's Wage and Hour Division.
- You can file online or by phone (search for "LCA complaint US Department of Labor").
- This complaint serves as evidence explaining the lack of pay stubs during future H-1B transfers.
- Employers must start paying when you're ready to work or within 30 days (if coming from outside the US) or 60 days (if already in the US), whichever is earlier.
- Filing a complaint may help you recover unpaid wages and protect your ability to transfer your H-1B in the future.
Maintaining LPR status (Green Card) during extended absences for employment
Question details
I have a family-based green card. For my job, I need to travel outside of the US for 150-160 days (3 days per week for the entire year). I am worried that I may lose my green card. What shall I do to retain my green card and still maintain this schedule of travel for my job?
FAQ Transcript
To maintain your green card during extended absences:
- Brief trips under 6 months are generally fine.
- For longer absences Apply for a re-entry permit, allowing travel for up to 2 years.Consider filing Form N-470 to preserve continuous residence for naturalization.
- Avoid absences of 6 months or more; return within 6 months each time.
- Maintain strong ties to the U.S. (family, home, job) to demonstrate intent to reside permanently.
- If travels are work-related and you have significant U.S. ties, your green card status is less likely to be at risk.
- Absences of one year or more can lead to loss of green card status without proper documentation.
Rising NIW rejection rates: Examining changes in eligibility criteria
Question details
Why rejection rate of NIWs is increasing? Is there any change in eligibility criteria, etc.?
FAQ Transcript
The USCIS is currently focusing on two main aspects when evaluating NIW petitions:
- National Importance of Your Work:
They want to see how your specific work benefits the entire country, not just your immediate sphere of influence.
Example: For a neurosurgeon, saving lives locally isn't enough; they want to see a broader national impact.
- Comparative Contribution:
USCIS is looking at how your work stands out from others in your field.
They want to see that your contribution is not just significant but also distinguishable from your peers' work.
These two factors are currently the primary focus in NIW evaluations, leading to higher rejection rates for petitions that don't adequately address these specific points.