USCIS generally process cases in the order they receive them. The link below provides you an estimate of how much time the office handling your case currently takes to process your type of application, petition, or request.
We recently filed an application for an EAD based on compelling circumstances for a client with a major medical concern. The applicant was on an H-1B status. We provided a petition to USCIS outlining the applicant’s medical history and the ongoing treatment that showed the progression of his illness, which limited his ability to perform his job duties. He was initially placed on short-term disability but as the condition progressed, it was necessary for applicant to be placed on long-term disability.
The regulations enacted by the USCIS on 17 January 2017 have created a new class of employment authorization - "Compelling Circumstances EAD." This is available to those people whose I-140 is approved and priority dates are not yet current.
This is a compelling circumstances EAD approved in appx. 100 days in July 2017 based upon health grounds.See: http://www.immigration.com/sample-cases/%5Bcompelling-circumstances-ead…
As of June 29, 2017, we began implementing the Executive Order at our embassies and consulates abroad in compliance with the Supreme Court’s decision and in accordance with the Presidential Memorandum issued on June 14, 2017. Our implementation is in full compliance with the Supreme Court’s decision.
USCIS recently updated the following form(s):
Update to Form I-821, Application for Temporary Protected Status08/04/2017 12:00 AM EDTNew edition dated 12/23/16. A new edition of this form is coming soon. In the meantime, you may file using the 12/23/16 or 02/20/14 editions. For more information, please visit Forms Updates page.
PERM Processing Times (as of 6/30/2017)
Number 9
Volume X
Washington, D.C
A. STATUTORY NUMBERS
This bulletin summarizes the availability of immigrant numbers during September 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.
HOUSTON — U.S. Customs and Border Protection announced today the deployment of facial recognition biometric exit technology to William P. Hobby International Airport (HOU) in Houston for select flights from HOU. The deployment builds upon a June 2016 pilot at Hartsfield-Jackson Atlanta International Airport using facial recognition.
Discussion topics:
EAD Renewals, prevailing wages for Illinois, H-1B transfer, F2A category Green Card, Rules changed on LCA,
Point system - how it will affect those who are already waiting for Green Card.
Are you seeking to adjust your status and become a U.S. permanent resident under a family-sponsored or employment-based preference immigrant visa? If you have not yet had a relative or employer file an immigrant visa petition on your behalf, please learn more about the Adjustment of Status Filing Process.
USCIS recently updated the following form(s):
Update to Form N-4, Monthly Report Naturalization Papers
08/14/2017 12:00 AM EDT
New edition dated 08/01/17. You may also file using these previous editions: 10/26/15, 01/22/13 and 11/09/09.
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address the general policies and procedures applicable to the adjudication of waivers of inadmissibility.
Please check this link for more information "Waiver Policies and Procedures".
Finally after a very long wait, we had our interviews yesterday at the USCIS Seattle office. The interview and tests went well and the officer let us know that she was approving our citizenship cases and asked whether we would like to attend our oath ceremony the same day. We attended the oath ceremony at 1:00 PM yesterday and received our citizenship certificates. So to answer your question, yes the Seattle office has same day oath ceremonies all 4 week days except Fridays (I asked).
USCIS recently updated the following form(s):
WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) will begin expanding in-person interviews for certain immigration benefit applicants whose benefit, if granted, would allow them to permanently reside in the United States. This change complies with Executive Order 13780, “Protecting the Nation From Foreign Terrorist Entry Into the United States,” and is part of the agency’s comprehensive strategy to further improve the detection and prevention of fraud and further enhance the integrity of the immigration system.
Visas prohibited for most construction workers and employers must pay higher education fee for FY 2017 and future fiscal years
The following Immigration Policy Memorandum is now available:
FAQ: Fastest method of getting spouse of a green card into the USA and reducing wait
FAQ: Is new H-1B visa stamping needed if you change employers?
FAQ: H-1B visa stamping in Canada or Mexico; importance of I-94
FAQ: What are the options of an H-1B visa is denied and petition sent for revocation?
USCIS offers immigration services that may help people affected by unforeseen circumstances, including disasters such as Hurricane Harvey.
The following measures may be available on a case-by-case basis upon request:
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
I hold an H1B Visa, and it is time for an extension. At the same time, I applied for my I-485 a few years ago, and I recently renewed my EAD, which is valid for 5 years. My priority date is June 2013. At this time, I am a bit confused about whether to move on to EAD or if I should continue to extend my H1B. If, for any reason, my H1B extension goes wrong, will I still be able to use my EAD? Thank you always for your support.
You should maintain your H-1B while your I-485 (AOS) is pending. If something goes wrong with your I-485, you could end up without legal status or work authorization, creating complications. Keeping your H-1B (or L-1) active provides a backup. While your spouse can use an EAD, losing their status is less risky than the primary applicant losing theirs.
I would appreciate some insights on my H-1B and green card process. Here’s my situation:
I currently have an H-1B visa valid until July 2027.
My company has filed for PERM with a priority date of October 2024.
If things go as expected, I anticipate my I-140 approval around May 2026 (with premium processing, if things go smoothly and I receive my DOL approval around Feb 2026, calculating around 15+ months from Oct 2024).
I’m considering moving to India around January/February 2027, which would be about 180 days after I-140 approval (if that helps retain I-140 benefits even if I go to India; if not, I would be moving earlier).
My questions:
Impact on H-1B if I move to India
What would happen to my H-1B if I joined a different employer in India?
What happens if I stay with the same U.S. employer but work from India?
Returning to the U.S. after H-1B expiration
If my H-1B expires while I’m in India and I haven’t renewed it, let's say that in the future, I will get an employer and want to re-enter the USA. Would the process be expected for the employer, like filing for a change of employer and me getting a new stamp in the Indian embassy, or would it have some additional complications?
I-140 and Priority Date Retention
Will my I-140 priority date remain intact if I am in India and later re-enter the USA for a different employer based on the answer to the above question?
If I get a new job in the U.S. later, what must my future employer do to transfer or use my existing priority date for the new green card process?
If you move to India (or another country) after your I-140 approval, your H-1B with your current employer will likely be revoked unless they continue paying your U.S. salary. If your H-1B expires while you are abroad, you can return to the U.S. on H-1B with any employer, as your I-140 remains valid after 180 days. However, you must restart your green card process with a new employer. Your I-140 priority date remains intact, even if you switch from EB-2 to NIW or EB-1A.