Discussion Topics, Sept 29, 2022
FAQs
STEM extension expiring, options to stay in USA, Is Day 1 CPT it safe and legal?
Parents who are GC holders, applied for reentry permits, left USA; do they need to return to the USA or can they wait till I-131 is processed?
Options if employment-based I-485 is denied?
How can I maintain my H-1B while working outside the USA?
Number 71
Volume X
Washington, D.C
A. STATUTORY NUMBERS
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.
Release Date
10/11/2022
U.S. Citizenship and Immigration Services (USCIS) has issued policy guidance (PDF, 342.87 KB) in the USCIS Policy Manual based on the vacatur of the EB-5 Modernization Rule and the EB-5 Reform and Integrity Act of 2022.
Policy highlights include:
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | February 2022 |
| Audit Review | November 2021 |
| Reconsideration Request to the CO | May 2022 |
| Form Type | Case Type | Completed 0-180 Days | Quarterly Completions |
|---|---|---|---|
| Cumulative total of all completions | 64.85% | 791 | |
| I-129F | Petition for Fiancée | 100% | 18 |
| I-129H1B | Nonimmigrant Specialty Occupation Worker | 94.87% | 39 |
| I-129H3 |
Release Date: October 12, 2022
Increase Will Help Address the Need for Seasonal Workers and Reduce Irregular Migration
Discussion Topics:
FAQ: Can I change my status from B-1/B-2 to H-1B, L-1, F-1?|| Can an H-1B holder open an LLC in the US and employ their spouse on H-4 EAD? || Parents staying in or traveling to the U.S. while their green card petition is pending? || Volunteer work on an H-1B visa || Deportation when a permanent resident is involved in Shoplifting || 7th year H-1B extension with pending PERM
Release Date
10/18/2022
U.S. Citizenship and Immigration Services will consider certain CW-1 petitions seeking an extension of status for temporary workers present in the Commonwealth of the Northern Mariana Islands (CNMI) to be filed on time, even if USCIS receives them after the worker’s current period of CW-1 petition validity expires.
USCIS is providing this limited accommodation to facilitate the current Temporary Labor Certification (TLC) processing delays at the U.S. Department of Labor (DOL).
Release Date
10/24/2022
U.S. Citizenship and Immigration Services is extending certain COVID-19-related flexibilities through Jan. 24, 2023, to assist applicants, petitioners, and requestors. Under these flexibilities, USCIS considers a response received within 60 calendar days after the due date set forth in the following requests or notices before taking any action, if the request or notice was issued between March 1, 2020, and Jan. 24, 2023, inclusive:
Some other useful student resources:
Online Nonimmigrant Visa Application (DS-160)
Release Date
10/27/2022
U.S. Citizenship and Immigration Services is clarifying its Aug. 25, 2020, policy on implementing the requirement that workers leave the United States for at least 30 days after two renewals of their CNMI-Only Transitional Worker (CW-1) visa classification.
FAQ: What happens to H-1B after Green Card approval? || OPT eligibility requirements, F-1 status for one academic year, and Change of Status or visa stamping from back to H-4 || PERM issues for a green card for remote jobs - headquarters || Can an H-1B visa holder rent via Airbnb? Is this a violation of status? || How long does it take from PERM to Green Card, and difference between NIW and PERM Labor Certification? || Applying for E-2 Visa with a pending family-based Green Card; who can be the main applicant for an E-2 visa? ||
I applied for EAD on September 17, 2003. After 90 days I did not get the EAD approved from VT. I went to the local office in Arlington on January 8, 2004. They gave me a date to come back for the issuance of an interim EAD which was February 18, 2004. On February 3, 2004 VT approved my EAD without me having to go to local for the interim.
Went around 9:30 am, approximate wait time 45 mins, the lady on the window asked for the notice of action for the actual EAD renewal filed and the new form I-765. Submitted the form, she told the notice will be mailed to you and it might take 30 days to get notice.
MY EAD renewal was applied for and 6 months had passed and after several months worth of unanswered phone calls, I got someone at the switchboard who transferred me to the EAD department.
I was informed that my application was lost and a new one would need to be submitted or no new EAD.
After travelling all morning to Chicago and a fair bit of trying to
convince the door guy, i got in and the whole process took about 3 hours. They worked quickly once I showed up on thier doorstep.
I had filed for EAD during the last week of Oct'2003 for my wife and myself. After 90 days I called Hartford, CT office for Interim EAD they told me to come after 104 days of Receipt Date because after 90 days period I have to wait 15 more days (they believe web status may not be correct in some cases and one will have to wait for 15 days for Card issue and postal delay)
I went for my iEAD recently at the district office in Jacksonville. It is best to make appointments online as only 20 people are allowed without appointments. Documents required were passport, driver's license, appointment printout, and I765 receipt (either original or copy) Initially I had to talk to an immigration officer at the counter who checked that there was no RFE for the EAD or that it had been mailed. Then I was told to fill out an application again for EAD.
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
As per online message of USCIS, my EAD renewal card was approved and mailed on 12-31-2003. But I haven't received the card till 1/14/2004. So idecided to go to local Omaha office to get my iEAD as my first EAD is expiring soon.
*opens at 7 am. * Bio-meteric center is in different building than USCIS office. * 15 people in queue at 8:30 * Took 30 mins to get Ticket number. * Took 45 mins to get to window. * 30-45 mins to validate * 45 mins for EAD ( photo , printing) They asked for reciept. Was surprised to see that even after calling national call center address was not changed nor by sending AR11. Wasted other day in queue ...
I got an interim EAD while I am waiting for my EAD to be processed. I filed it online hoping that it will be the same processing. The thing is that if you e-file online, you have to wait for the appoval of your application. In short, it won't do you good if you're in a hurry getting that permit. They give me 90-day interim EAD because I have a pending I-485 application filed in the San Francisco District Office. I will suggest to go to the office instead of mailing or e-filing it.
My EAD renewal application was sent to VSC on November 24. Today February 23rd is the 91st day with the application pending. I went to the local office - Atlanta where I currently reside at 7:00AM. After I got into the office, proceeded to the information desk, the officer asked for the receipt and new filled out application form. After two hours, a lady officer called my name, asked what is my basis for EAD. I said it was based on I485 pending and gave her a copy of 485 receipt. After another two hours, I was called into another room and take picture right away.
I filed my EAD in 11/2003 to Vermont and after 80days (stated in my I-765 for proceesing time), I called USCIS and they told me to go to a local INS office for a interim EAD on the 90 days post my I-765 notice date. So, on the 88days, I went to the local USCIS office (Cherry Hill, NJ) with my I-765 notice. After 4 hours waiting, I got my interim EAD (with 6 month expiration date). The USCIS officer took me an photo and finger print.