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?
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.
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?
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.
[Federal Register: March 31, 2010 (Volume 75, Number 61)]
[Rules and Regulations]
[Page 15991-15992]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31mr10-1]
-----------------------------------------
Rules and Regulations
Federal Register
-----------------------------------------
ICE Detention and Removal Operations Director issued a memo to field office directors clarifying the February 22, 2010 memo on removal goals.
Work permits and c9 I-765 application - The center recommends applicants and attorneys to follow the current Pre-Order Instructions which points out that applicants should file the renewed I-485 application with the TSC (Texas Service Center) when the form has been denied and renewed by the IJ. This also holds well when the applicant or attorney submits a new Form I-485 application to the IJ.
U.S. Citizenship and Immigration Services (USCIS) today announced that it has published new versions of the Petition to Classify Orphan as an Immediate Relative, Form I-600 and the Application for Advance Processing of Orphan Petition, Form I-600A . The new date on the bottom of both forms is “12/30/09 N.” Due to the changes on the forms, previous versions will no longer be accepted after a 60 day transition period.
Department of Homeland Security (DHS) Secretary Janet Napolitano today announced that the Transportation Security Administration (TSA) will begin implementing new enhanced security measures for all air carriers with international flights to the United States to strengthen the safety and security of all passengers—superseding the emergency measures put in place immediately following the attempted terrorist attack on Dec. 25, 2009.
This explains visa number usage, spillover of visa numbers into other preference categories, and the visa number backlog.
Preference Categories
The primary reasons for entering the immigration process in the U.S. are family and employment-based. To manage this process, family and employment-based immigration is broken into preference categories. Congress sets limits on how many individuals may immigrate to the U.S. each year (i.e. visa numbers) and also sets limits on how many individuals may immigrate within each preference category.
ICE updated its list of Student and Exchange Visitor Program approved schools.
U.S. Customs and Border Protection announced that travelers interested in applying to the Global Entry and Privium Trusted Traveler programs may do so at one of five “one-stop-shop” joint enrollment centers established as a pilot initiative in the United States and the Netherlands through the Fast Low-Risk Universal Crossing (FLUX) program.
These Questions & Answers address the automatic extension of F-1 student status in the United States for certain students with pending or approved H-1B petitions (indicating a request for change of status from F-1 to H-1B) for an employment start date of Oct. 1, 2010 under the Fiscal Year (FY) 2011 H-1B cap.
A: The cap is the congressionally-mandated limit on the number of individuals who may be granted initial H-1B status or visas during each fiscal year. For FY 2011, the cap is 65,000.
The H-1B Program
U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields, such as scientists, engineers, or computer programmers.
For more information about the H-1B program, see the link to the left under temporary workers for H-1B Specialty Occupations, DOD Cooperative Research and Development Project Workers, and Fashion Models.
How USCIS Determines if an H-1B Petition is Subject to the FY 2011 Cap
U.S. Citizenship and Immigration Services (USCIS) announced it continues to accept H-1B nonimmigrant petitions subject to the Fiscal Year 2011 (FY 2011) cap. USCIS will monitor the number of petitions received for both the 65,000 general cap and the 20,000 U.S. master’s degree or higher educational exemption.
USCIS has received approximately 13,500 H-1B petitions counting toward the 65,000 cap. The agency has received approximately 5,600 petitions for individuals with advanced degrees.
Number 20
Volume IX
Washington, D.C.
VISA BULLETIN FOR MAY 2010
A. STATUTORY NUMBERS
Click here for the visa bulletin.
The Haiti government has requested that the United States provide them with a final list of orphans being considered under the Special Humanitarian Parole Program for Haitian Orphans. As a result, U.S. Citizenship and Immigration Services (USCIS) will stop accepting new requests for consideration under the special program as of April 14, 2010, and will resume regular processing of intercountry adoptions.
Perm Processing Times as of 31 st March, 2010.
Access data on persons who became American citizens in fiscal year 2009 by country of birth, state of residence, and other characteristics.