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
U.S. Citizenship and Immigration Services is issuing policy guidance in the Policy Manual to further clarify the types of evidence that USCIS may evaluate to determine eligibility for extraordinary ability (E11) EB-1 immigrant visa classifications.
This policy guidance:
Release Date
10/10/2024
USCIS updated guidance on the International Entrepreneur Rule in the Policy Manual to clarify the required triennial increase in investment, revenue, and other thresholds, and to clarify how USCIS arranges biometrics appointments for certain applicants.
Number 95
Volume X
Washington, D.C
A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS
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.
USCIS is updating guidance in the USCIS Policy Manual to clarify how USCIS considers expedite requests related to government interests and requests related to emergencies or urgent humanitarian situations, including travel-related requests. This update also clarifies how to make an expedite request and explains how USCIS processes expedite requests.
Government Interests
Topics Discussed:
USCIS recently updated the following form:
10/11/2024 12:02 PM EDT
Edition Date: 10/11/24. You can find the edition date at the bottom of the page of Form G-1055, Fee Schedule.
For more information, please visit the Forms Updates page.
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | August 2023 |
| Audit Review | December 2022 |
| Reconsideration Request to the CO | April 2023 |
My employer is in the process of filing employer-sponsored EB2 NIW (instead of self-sponsored). I understand that self-sponsored EB2 NIW is independent of an employer and remains valid in any case. But can I-140 obtained from employer-sponsored EB2 NIW be transferred to another employer?
The ability to keep your NIW when changing employers depends on whether you continue to pursue the same endeavor that was the basis for your NIW approval. If you maintain the same type of work in the same field, even with a different employer, you likely can keep your NIW. However, if you change to a completely different field or type of work, you may need to start a new green card process. For certainty, it's advisable to consider filing a new green card application or NIW when changing employers.
I arrived in the U.S. in the last week of May 2024, and despite innumerable requests, my employer has not run payroll for the weeks since my arrival. Could this pose any challenges for future H1B transfers, extensions, or I-140 processing? Is there a risk of scrutiny or denial due to this issue? If yes, could you guide how to mitigate this please?
If your employer fails to pay you after starting your H-1B employment, it can pose challenges for future H-1B transfers. To address this:
I have a family-based green card. For my job, I need to travel outside of the US for 150-160 days (3 days per week for the entire year). I am worried that I may lose my green card. What shall I do to retain my green card and still maintain this schedule of travel for my job?
To maintain your green card during extended absences:
Why rejection rate of NIWs is increasing? Is there any change in eligibility criteria, etc.?
The USCIS is currently focusing on two main aspects when evaluating NIW petitions:
They want to see how your specific work benefits the entire country, not just your immediate sphere of influence.
Example: For a neurosurgeon, saving lives locally isn't enough; they want to see a broader national impact.
USCIS is looking at how your work stands out from others in your field.
They want to see that your contribution is not just significant but also distinguishable from your peers' work.
These two factors are currently the primary focus in NIW evaluations, leading to higher rejection rates for petitions that don't adequately address these specific points.
USCIS is revising the guidance in the USCIS Policy Manual to align with the Classification for Victims of Severe Forms of Trafficking in Persons; Eligibility for “T” Nonimmigrant Status Final Rule. This rule was published in the Federal Register on April 30, 2024.
FAQs: GC approval before AC21 Supplement J could be filed || H-1B grace period eligibility after second layoff and B-1/B-2 visa options for job search
| Form Type | Case Type | Completed 0-180 Days | Quarterly Completions |
|---|---|---|---|
| Cumulative total of all completions |
84.0% |
1,352 |
|
| I-129CW | Petition for CNMI Nonimmigrant Transitional Worker |
100.0% |
1 |
| I-129F | Petition for Fiancée |
88.6% |
USCIS recently updated the following forms:
Form N-648, Medical Certification for Disability Exceptions
09/25/2024 12:11 PM EDT
Edition Date: 09/25/24. Starting Jan. 6, 2025, USCIS will accept only the 09/25/24 edition. Until then, you can also use the 08/19/22 edition. You can find the edition date at the bottom of the page on the form and instructions.
Form I-407, Record of Abandonment of Lawful Permanent Resident Status
09/25/2024 10:40 AM EDT
My I-485 was pending for 9 months (concurrent filing), and I worked all these years (4 years) with my sponsoring employer. My I-140 was approved 4 months ago, and I received EAD and AP as well. At the end of 8 months, I resigned from my employer to take advantage of AC21 (moving to a similar position) and was on notice period. My new employer was ready to file I-485J when asked by USCIS. During my last working week with my sponsoring employer, my 485 got approved, and I received my GC. Can you please advise on what kind of documentation I need to get from my new employer to help with any future naturalization process since I can't file I-485J as my case has been approved?
To ensure compliance and maintain proper documentation, I recommend gathering your proof of employment with the sponsoring employer when your green card was approved. It's important to request written confirmation from your new employer showing they were prepared to file Supplement J before your transition. Keep any prepared Form I-485 Supplement J documentation, even if it wasn't filed due to the timing of your green card approval. Additionally, maintain detailed job descriptions from both positions to demonstrate they were "same or similar" positions as required by immigration law. Store all these documents securely for the long term, as you may need them during the naturalization process to verify compliance. This documentation will help protect you and demonstrate that you followed proper procedures during your employment transition, even though the green card approval occurred before Form I-485 Supplement J could be filed.
I got laid off on H1B in my previous company but found and started a job in a new company within a 60-day grace period. Again, the current company has provided a notice period for layoff. Will I get a 60-day grace period again this time?
How easy it is to get a B1/B2 to find a job after a layoff.
If you experience a layoff while on H-1B status, you receive a 60-day grace period. If you secure a new H-1B approval and face another layoff, you'll receive a fresh 60-day grace period. This applies to H-1B transfers and extensions. As for obtaining a B-1/B-2 visa for job searching after a layoff, while there's no official measure of difficulty, the approval rates appear to be consistently positive, with no reported denials.
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | August 2023 |
| Audit Review | December 2022 |
| Reconsideration Request to the CO | June 2024 |
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mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
FAQ: H-1B layoffs: 60-day grace period, visa options, and transitioning to study || Employer and agency verification requirements on the most recent I-94: Is this new note typical? || H-1B stamping delay and administrative processing in India: Payroll gaps, re-entry concerns, and expediting Options
Number 96
Volume X
Washington, D.C
A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS
This bulletin summarizes the availability of immigrant numbers during December 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.
Quotes and Excerpts from Rajiv in the article:
What does the order mean?
“The Trump plan suggests no automatic citizenship for children born in the US. This is almost certainly a contravention of the 14th Amendment of the US Constitution. A Supreme Court judgement is available to counter Trump’s misinterpretation," Rajiv S. Khanna, immigration attorney told TOI.