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Visa Bulletin For August 2021
This bulletin summarizes the availability of immigrant numbers during August 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.
For more on the visa bulletin click the link below:
Can Student Visa Holders Apply for a Green Card?
This article was submitted to and published in The Economic Times.
Link to Rajiv's Author Page in The Economic Times.
08 July 2021: Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)
Nonimmigrant Visas
Green Card
Discussion Topics, Thursday, July 08, 2021:
FAQ: I-140 Employment Authorization (EAD) in Compelling Circumstances || Criminal Charges in Immigration - Domestic Violence Laws and Risk in Applying for I-485
I-140 Employment Authorization (EAD) in Compelling Circumstances
Question details
I had applied for the compelling circumstances EAD as i140 beneficiary when I lost my H1 job past July from info. thru these calls and our discussion. I found a new H1 job eventually in the grace period that H1 got approved later in Dec 2020.
Now after long wait, USCIS sent me biometrics appt. letter to go to ASC for fingerprints for this EAD. My question-
- Since it appears USCIS wants to proceed with this compelling EAD despite the fact they have approved H1 in Dec. itself, should I go for biometrics to get this EAD?
- If yes, is it fine to work elsewhere using that EAD(may be part time) while maintaining my H1 status thru current H1 job, or I got to pick one of the two? leaving my current H1 job will make me ineligible for i485 filing (in case my priority date may become current in another year) as that EAD is no H1 status right?
- Or should I not go for this EAD/biometrics at this point at all? do I need to inform USCIS anything?
FAQ Transcript
In my opinion withdraw your Compelling Circumstances EAD. I think it's both inappropriate and useless for you as far as I can tell. 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.
Criminal Charges in Immigration - Domestic Violence Laws and Risk in Applying for I-485
Question details
I had a domestic violence charge that got dismissed in pre-trial.
Soon after the incident occurred my attorney asked me to get 4-5 anger management classes as that would increase the chances of my case getting dismissed but said the court never asked/mandated the classes.
And he also said the prosecutor elected to dismiss the case due to lack of evidence and because he was satisfied that I completed anger management counseling sessions.
I've a few questions around this:
1) When I apply for I-485, will this situation be treated as Conviction by Immig Officer thouse the case was dismissed in pre-trial?
2) Can I be deported for this when I file for I-485? Am I risking by applying for I-485?
3) The court did not give a separate disposition letter (disposition is in the Criminal Complaint itself). We drafted a letter explaining the charges against me and the outcome of the case and took stamp, seal along with Clerk's signature from the court.
When I file my 485 will this letter be enough as a proof to the Immig Officer that my case was dismissed?
Or do I need to submit the entire docket?
FAQ Transcript
I would like your case to be assessed by a local immigration lawyer who does deportation cases, they usually know this area of the law fairly well. 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.
Visa Bulletin For August 2021
Number 56
Volume X
Washington, D.C
A. STATUTORY NUMBERS
This bulletin summarizes the availability of immigrant numbers during August 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
Applicants for Change of Status to F-1 Student No Longer Need to Submit Subsequent Applications to ‘Bridge the Gap’
Release Date
U.S. Citizenship and Immigration Services today announced new policy guidance that eliminates the need for individuals who have applied for a change of status (COS) to F-1 student to apply to change or extend their nonimmigrant status while their initial F-1 COS application is pending.
F-1 students no longer need to file bridge petitions - USCIS policy change on COS
U.S. Citizenship and Immigration Services announced today new policy guidance that eliminates the need for individuals who have applied for a change of status (COS) to F-1 student to apply to change or extend their nonimmigrant status while their initial F-1 COS application is pending.
Filing Location Updates for Certain Forms I-131
On July 22, USCIS adjusted the addresses for certain applicants filing Form I-131, Application for Travel Document. USCIS has not changed any filing locations but have refined attention lines and ZIP codes to improve internal processes at the lockboxes. This address update affects:
22 July 2021: Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)
Immigration.com
Green Card
Discussion Topics, Thursday, July 22, 2021:
F-1 OPT and STEM OPT students obtain settlement in Li v USCIS case
The following settlement was reached in Li v. USCIS in favor of the OPT and STEM OPT applicant students suffering from delays and rejections:
USCIS Conducts Second Random Selection from Previously Submitted FY 2022 H-1B Cap Registrations
In March 2021, USCIS conducted an initial random selection on properly submitted electronic registrations for the fiscal year (FY) 2022 H-1B cap, including for beneficiaries eligible for the advanced degree exemption.
USCIS Updates Rejection Criteria for Form I-129
USCIS will reject petitions lacking petitioner’s or applicant’s primary U.S. office address
USCIS Aims to Decrease Processing Times for N-400 and I-485
USCIS will implement a national strategy to decrease differences in processing times based on location for Form N-400, Application for Naturalization, and Form I-485, Application to Register Permanent Residence or Adjust Status.
What to do About Past Immigration Problems Causing a Current Visa Denial?
Question details
I'm an Indian, living in Canada on PR. I recently applied for a visit visa to the US, and got denied. The main questions I got were regarding University of Farmington. It was a fake university setup by ICE, and then they did a swoop and arrested and deported a lot of the students. I was enrolled into Farmington from Feb 2017 - Feb 2018. <br>
I was asked if:<br>
1) How I didn't think it was weird that there were no classes?<br>
My response - Well yes, that's why I left after a year<br>
2) So what did you do for a year?<br>
My response - waited on more information from the university regarding class timings, and just kinda hung around<br>
3) I was pressed on what I did when I was hanging around, how I paid for things<br>
My response - I worked during that time<br>
<br>
The officer typed up something into the screen for sometime (I'm assuming it's whatever was discussed above) and gave me a denial.
<br>
I did not want to start a debate about immigration laws or how this was Entrapment, or the "bait car" tactic. I thanked him, took my passport and the pink rejection letter and left.<br>
What are my options ahead? Should I:<br>
1) Re-apply and give it another shot?<br>
2) Wait to become a Canadian citizen, then apply?<br>
3) Enroll into an organization that has conferences and such in the US, and based on an upcoming conference (eg: Chicago, or NY), then apply for that conference only?<br>
4) Hire a lawyer to fight this in court as being unfair.
FAQ Transcript
Note: 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.
USCIS to Celebrate Independence Day by Welcoming Nearly 7,500 New Citizens
WASHINGTON — This week, U.S. Citizenship and Immigration Services (USCIS) will celebrate the Declaration of Independence and the birth of the country by welcoming almost 7,500 new citizens in nearly 110 naturalization ceremonies between July 1 and July 5. The naturalization ceremonies will be held in venues across the country, and include several notable ceremonies.
Downgrading from EB-2 to EB-3
Question details
My wife and I are currently on EAD's since Feb 2012 when the dates became current for our priority date and we were able to apply for the I-485. She is the primary applicant and I am the dependent on her application. Since 2012 the EAD/AP card is being renewed every 2 years. With the EB3 category now going ahead of EB2 does it make sense for her to downgrade to EB3 - Apply for I-140 under EB3. I believe it takes 6 months for approval so we would essentially be doing this preemptively in anticipation of our date becoming current under EB3 in 6+ months.
Watch the Video on this FAQ: Downgrading from EB-2 to EB-3
Video Transcript
I see no problem applying for EB-3 and then using whichever one is faster when the time comes. More...
FAQ Transcript
Note: 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.
Applying for Green Card while on Student (F-1) Visa
Question details
I am in F1 OPT and did not got selected in any of the H1B lottery(in all 3 chances). Current OPT ends on 25 Jan 2020. My company is asking if they can apply for Green card for me. I am working as a lead engineer and responsible for P&L of my department. Will you suggest me to go ahead with GC process without H1B?.
FAQ Transcript
Note: 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.
Visa Bulletin - August 2019
This bulletin summarizes the availability of immigrant numbers during August 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
AAO Processing Times (April - June 2019)
Timeliness of Fiscal Year 2019 Third Quarter Completions (April - June 2019)
Agency
Immigration Law
July 11, 2019 Recording of Free Community Conference Call (Every Other Thursday)
Nonimmigrant Visas
Green Card
Substantial transcription for video
Topics of Discussion:
- Change of status from H4-EAD to H-1B
- STEM OPT EXT
- EB5 investment requirement
- I-485 using cross chargeability
I would highly recommend the services of Rajiv Khanna for any immigration issues. They were successfully able to process my green card even though I had stopped working for the sponsoring company for about a year.