Number 67
Volume IX
Washington, D.C
USCIS SCOPS (Service Center Operations Directorate) and AILA Tleconference Agenda discussing issues on H-1B Processing and Adjudications, I-140 Adjudications based on Certified ETA-9089, I-140 Erroneously Rejected & Priority Date No Longer Current, G-28s Not Recognized and other topics.
Please click the attachment for more details.
U.S. Immigration and Customs Enforcement (ICE), a component of the Department of Homeland Security (DHS), has not identified or assessed fraud or noncompliance risks posed by schools that recommend and foreign students approved for optional practical training (OPT), in accordance with DHS risk management guidance.
“The law permits H-1B visa holders to be non-productive as long as they are paid. It is important to note that employers cannot bench employees without payment of their full salaries,” explains Rajiv S. Khanna, managing attorney at Immigration.com
For more information on this news please read the attached file.
1. I am a dentist practicing in California, was working for FQHC ON H1 since 2017. I got temp layoff. As per HR they said placed on unpaid leave. My present status OK or am I on my 60 day grace period? 2. H1 Visa expires JULY, I was told they cant renew my visa until I return to work . How soon or late I have time to apply.
1. First of all the 60-day grace period only begins if you have been terminated from employment. More important for your purposes is that they have to tell you (doesn't have to be in writing) that they are terminating your employment. If they don't tell you they have failed to terminate your employment, so there's no question of a 60-day grace period. You can file a complaint with the Wage and Hour Division (WHD) - US Department of Labor. They will get the money for you.
2. In order to continue working and be in status your H-1B must be received by the USCIS before your current H-1B expires so your deadline is to get the physical filing over to the USCIS before your current status expires.