Guestbook Entry for Cyrus Janumala, United States
Name
Cyrus Janumala
Country
United States
State
VA
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Our Interim EAD experience
I filed the application form for EAD with the help of our lawyer in the Atlanta office on January 8, 2004. Two months later we got the Notice of Action from Missouri office with two dates - Received Date: January 8, 2004 and Notice Date: March 8, 2004, which was a little bit confusing.
New EAD valid for 3 months
My EAD renewal (at VSC) had been pending for more than 110 days, so I decided to go to the CIS office in Bloomington, MN to get an interim EAD.On Jan 22, 04 the temperature was -10F with the windchill of -30F. I arrived at the CIS office at 7.25 AM. The office was already open. Inside, there were already 50 or so people in the line. The security officer gave me a ticket. After waiting in the line for an hour, I finally reached the security gate and went to the waiting room. It was 8.40 AM.
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EAD card based on OPT
I got my Interim EAD card based on OPT.
I went to the Bloomington USCIS office (MN) around 4:20 am on Jan 7, 2004. As the weather was cold there were not many people. Somebody made a list and I was the fiteenth person.
Around 6 a.m, we made a line based on the list.
The office opened at 6:30 am.
The officer there started work at 7am. She asked me the reason why I was there and gave me a ticket. I got a ticket and went to another office.
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Effective Immediately, Interim EADs are given out
Just wanted to share me and my wife's experience in at the Memphis Sub-Office on January 5, 2004. The Memphis office is severely backlogged currently in regards to AOS and EAD applications. We filed the I-765 for my wife on September 10th and hadn't heard anything. After corresponding with our congressional representative, we were told to travel to Memphis (a 350 mile trip) on any Monday to receive an interim EAD. We traveled to Memphis on Sunday to be ready first thing in the morning. Sunday night we decided to check out the office and went to the front door.
EAD was renewed within one week
I had filed for my EAD renewal 3 months before the expiry date (September 16th). While my EAD was approved a little before 90 days, my wife's EAD was not renewed. They requested additional evidence (marraige certificate and I140 approval notice). After USCIS received the evidence and the USCIS website was updated, we went to Memphis on friday, January 2nd, 2004 (the day of the week when interim EADs are issued in Memphis) hoping that they would issue an interim EAD (since it was more than 90 days after the original receipt notice).
Interim EAD Issuance at Newark & Cherry Hill, NJ
was there early in the morning 6am, entered line in orchard st taken inside at 8.00am, to 2nd floor office
- iEAD applications must have a duplicate application prepared with documents. they check before you get in
- make sure you have an address in NJ, they ask proof of residence in NJ to issue your documents, bring DL, utility bill etc to prove that.
- got the card the same day for 8 months,
- they lost our documents, then found them in the 3'rd office where your pictures will be taken
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Philadelphia district office EAD Interview
Philadelphia district office EAD Interview scheduled 2.5 months after filing the marriage-based I485 package. People visiting for appointments need not wait in the line. The interview process is only taking a photo, leaving the finger print. the EAD card was printed out right away. The whole process took about 20 minutes, excluding waiting time in the waiting room.
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I would like to first thank you for all your support and help to the community with their immigration matters
I would like to first thank you for all your support and help to the
community with their immigration matters.
Here is our ( unpleasant experience ) getting my wife's Interim EAD (we applied Sept 23, 03 ) at San Francisco USCIS.
January 09 2004
8:50 am Got to the USCIS office.
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Passport and took my photo and gave me EAD instantly
I went at 10.15 am with I-140,I-765 and I-485 receipt, they gave me a token and new I-765 application to be filled up and called me at 2.15 pm. They checked the above documents, Passport and took my photo and gave me EAD instantly.There is no need to take separate photos and go.
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Options after layoff on approved EB-1 - Compelling circumstances EAD and GC EAD conversion
Question details
I got my EB1A approved and am in the process of filing my I765 and I485 concurrently, since my date for EB1A is current, but unfortunately I got laid off now,so what is my option? Can I file a compelling Circumstances EAD and continue working once my Compelling circumstances EAD is approved and convert to GC EAD once GC EAD is approved? Or file a B2 visa and once GC EAD approval comes, can I work? Can kids go to school during my Compelling circumstances EAD approval after the grace period?
FAQ Transcript
If you have an approved EB-1A and your priority date is current, you can file I-485 without needing a specific job, as long as you intend to continue working in your field. A Compelling Circumstances EAD is not an option since it is only available when dates are not current. Consult your lawyer, but you should be able to proceed with your I-485 filing.
NIW I-485 rejected: Refiling options and priority date usage?
Question details
1. If NIW I485 is rejected. Can we refile I485, or need to start a new NIW case from I-140 stage?
2. NIW I485 is rejected. If I refile the new NIW and it is approved, can the previous NIW's priority date be used for this new NIW's AOS?
3. How will the Trump administration affect NIW I485 cases? Would you suggest any precautions?
4. Can petitioner file multiple NIWs simultaneously with different endeavors?
FAQ Transcript
If your NIW I-485 is rejected but your I-140 is still pending or approved, you can refile the I-485 without starting a new NIW case. However, consult your lawyer for any case-specific nuances.
If you file a new NIW and it gets approved, you can use the priority date from a previous NIW only if the prior I-140 was approved.
As for multiple NIW filings for different endeavors, it is theoretically possible but may weaken your case by making it appear unfocused.
H-1B Quota 2025
We recommend that the H-1B lottery registration process should be planned and initiated now to ensure that it is ready to be submitted once the registrations open from noon Eastern on March 7, 2025 through noon Eastern on March 24, 2025. During this period, prospective petitioners and representatives must use a USCIS online account to register each beneficiary electronically for the selection process and pay the associated registration fee for each beneficiary.
Recording for February 06, 2025, Conference Call with Rajiv S. Khanna
Immigration.com
FAQs:
1. Laid off on EAD from EB1A, can I start an UNRELATED teaching business?
2. Can I travel on Advance Parole?
3. Can I delay using an H-1B visa to utilize the STEM extension period?
4. H-1B specialty occupation for MS in UX Design (STEM)
Visa Bulletin For March 2025
Number 99
Volume X
Washington, D.C
A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS
This bulletin summarizes the availability of immigrant numbers during March 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
Trump Administration - What to expect | Immigration updates - H1B Visa, OPT, Green Card
Nonimmigrant Visas
Green Card
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
Starting A US company on OPT | Latest Immigration Updates - H-1B | OPT | Green Card
Nonimmigrant Visas
Green Card
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
H-1B Visa | OPT | CPT - Latest USA Immigration QnA, Jan 30, 2025
Nonimmigrant Visas
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
Talent Visas Under Trump - EB-1A | O-1A | NIW/H-1B QnA, Feb 5, 2025
Nonimmigrant Visas
Immigration Law
Green Card
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
Increased Denials & Delays in some US Visa Categories, Rajiv in QnA, Feb 12, 2025
Nonimmigrant Visas
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
Recording for February 20, 2025, Conference Call with Rajiv S. Khanna
Immigration.com
Nonimmigrant Visas
Green Card
FAQs:
1. Can I volunteer with a Non-Profit while on any temporary visa (for example, F-1 OPT)?
2. Options after layoff on approved EB-1 - Compelling circumstances EAD and GC EAD conversion
3. NIW I-485 rejected: Refiling options and priority date usage?
Relocating to India with GC, how to apply for US citizenship?
Question details
We primarily have questions on relocation to India and possibilities.
My wife and I want to retain our Green Cards and eventually get US citizenship. We are just 3 years away from getting our US citizenship.
However, we want to relocate to India for our aging parents. We want to be able to relocate to India now for a few years (5 years), but we also don’t want to miss out on the citizenship opportunity when we are this close to getting our US citizenship. Is this even possible without the hassle of staying 6 months in the US and 6 months in India, and would there be any tax implications if one of us continues to work for the same employer in the US remotely from India?
We are aware that we can take 2 years' permission by filing Form I-131 and staying outside the US for 2 years. However, we need more than 2 years to stay outside the US. Also, the citizenship clock resets if we take this option. Is there a way to avoid this?
FAQ Transcript
If you plan to relocate to India with a green card before obtaining U.S. citizenship, it can significantly complicate the naturalization process. To apply for U.S. citizenship, you must meet physical presence requirements: at least 2.5 years in the U.S. over the last five years and no single absence of a year or more. If you stay outside the U.S. for over six months but less than a year, you may need to provide an explanation.
A re-entry permit (Form I-131) allows you to stay outside the U.S. for up to two years without losing your green card, but it does not help with citizenship requirements. Form N-470 can protect your eligibility in limited cases, such as working for a U.S. company’s foreign branch, but it does not guarantee naturalization.
If you stay abroad for more than a year, you will likely need to restart your five-year residency requirement (or four years and one day if a re-entry permit was used). While re-entry permits can be renewed in certain cases, they do not protect your citizenship timeline.
Best advice: Obtain U.S. citizenship first and then relocate, as naturalized citizens can live abroad indefinitely without affecting their status. Please consult your lawyer regarding this.
Gap in approval dates between change of status from one status to another
Question details
I applied for a change of status from an H1B to an H4 visa via I-539 in May 2024 as I got laid off, with my last working date being 3/19/2024.
The document was received by USCIS on 5/10/2024 and confirmed by I-797C, Notice of Action dt 5/20/2024.
On 12/26/2024, my case was approved. I received I-797A Notice of Action with Approval on 1/7/2025. The approval date shows the validity of H4 from 12/23/2024 to 03/13/2027.
On my I-539 I had asked for the change of status to be effective from 05/15/2024 as my 60-day period would run out on 5/19/2024.
However, the H4 approval shows the start date as 12/23/2024. So, my question is, what status was I in during the period 5/19/2024 and 12/23/2024, and will I face any problems if I go for visa stamping? Do I need to write to USCIS and ask for a date to be changed to 5/15/2024 to avoid issues in the future?
FAQ Transcript
If you applied for a change of status (COS) while still in valid status—such as H-1B plus the 60-day grace period—you are not considered out of status while your application is pending. In this case, since you applied for H-4 within the grace period, the period between May (filing date) and December (approval date) is classified as an authorized period of stay, meaning it does not count as unlawful presence.
Even though the approval date is later, you are not subject to the three-year bar because you remained legally in the U.S. while the petition was pending. There are no negative implications for your status.
H-1B cap exempt visa pros and cons
Question details
I am on OPT, which started on 19th February 2024. I joined my first job on OPT on 8th July 2024 and lost one attempt at the H1B lottery. I work for a research foundation, and they can sponsor me for an H1B-exempt visa. I have a degree in computer science, and I ultimately want to work in corporate America, which means I need to get an H1B cap-subject visa.
My question is whether I should get this H1B exempt visa through my current organization or if I should try to switch to a different company and use my remaining two attempts at the lottery. I ask this because once I get the H1B exempt visa and change my status from F1 to H1B, I won’t be able to switch to a for-profit organization and would be stuck in H1B exempt visa category. H1B-exempt visa jobs are less and pay less. And though the option of an H1B concurrent visa is there but I feel in reality, it will be challenging to get a company to allow me to work for another company due to NDA requirements and also allow part-time work. (But I would appreciate your advice on this since you must have had client experience.)
Can you advise me on how to get the H1B exempt visa now? Does it have any advantage, given I want to transition to a corporate company? What options will I have if I switch to a for-profit organization? Also, I am currently funded through a grant, and it has runway till July 2026.
I have seen people saying not to get an H1B exempt visa as you will be stuck in that category, but I also feel that any H1B visa will be better than F1.
FAQ Transcript
If you have the opportunity to get an H-1B cap-exempt visa through a research foundation, you should take it. Having cap-exempt H-1B status does not prevent you from continuing to apply for the regular H-1B lottery.
Additionally, you can hold both a cap-exempt and a cap-subject H-1B concurrently as long as you maintain your cap-exempt job. If you win the H-1B lottery through a for-profit employer, you can easily switch to a regular H-1B.
Taking the cap-exempt route ensures immediate work authorization and does not limit future opportunities. The idea that you’ll be "stuck" in cap-exempt status is incorrect.