Release Date 09/30/2020
WASHINGTON-U.S. Citizenship and Immigration Services Deputy Director of Policy Joseph Edlow issued the following statement in response to the U.S. District Court for the Northern District of California issuing a nationwide preliminary injunction enjoining fee increases for citizenship and other immigration benefits.
Published by : The Economic Times - Date: October 01, 2020
Quotes and Excerpts from Rajiv on the article:
“While the inclusions are welcome, the guarantee is not for a final approval or denial but their decision making the first time around,” said Rajiv S Khanna, managing attorney at immigration.com. “They often send back a request for evidence and after we respond, they have another 30 days to respond,” he said.
Release Date 10/01/2020
Proposal enforces long-standing law and protects American taxpayers
On Sept. 29, 2020, the U.S. District Court for the Northern District of California, in Immigration Legal Resource Center et al., v. Wolf, et al., 20-cv-05883-JWS, preliminarily enjoined DHS from implementing or enforcing any part of the USCIS Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements rule.
While the rule is preliminarily enjoined, USCIS will continue to:
Published by : The Economic Times - Date: October 02, 2020
Quotes and Excerpts from Rajiv on the article:
“The reasoning behind the preliminary injunction is sound. The court found that the President was trying to change immigration law from the White House, over obeying the law as it is written by the legislature,” said Rajiv S Khanna, managing attorney at immigration.com.
Release Date 10/02/2020
On Oct. 2, USCIS issued policy guidance in the USCIS Policy Manual to address inadmissibility based on membership in or affiliation with the Communist Party or any other totalitarian party. Membership in or affiliation with the Communist Party or any other totalitarian party is inconsistent and incompatible with the Naturalization Oath of Allegiance to the United States of America, which includes pledging to “support and defend the Constitution and laws of the United States.”
FAQs: Green card and other options for parents of US citizens || H-1B converting to H-4 and back to H-1B issues and options || H-1B and compelling circumstances EAD || How many years can I wait to file I-485 after priority date becomes current
OTHER: Two green cards processed simultaneously || Cap exempt H-1B || Impact of pay cut on H-1B and green card || Impact on priority of withdrawn I-140 || Travel to the USA during Covid-19 times || I-944 || School fee reimbursement from employer || Filing extension and change of status at the same time, etc.
Release Date 10/06/2020
USCIS issued policy guidance in the USCIS Policy Manual clarifying whether temporary protected status (TPS) beneficiaries are eligible for adjustment of status under section 245(a) of the Immigration and Nationality Act (INA). INA 245(a) requires an alien to have been inspected and admitted or inspected and paroled into the United States, unless exempt from this requirement.
Published by : The Economic Times - Date: October 14, 2020
By Rajiv Khanna
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | April 2020 |
| Audit Review | December 2019 |
| Reconsideration Request to the CO | June 2020 |
| Form Type | Case Type | Completed 0-180 Days | Quarterly Completions |
|---|---|---|---|
| Cumulative total of all completions | 37.89% | 1842 | |
| I-129CW | CNMI-Only Nonimmigrant Transitional Worker | 100% | 7 |
| I-129E2 | CNMI Treaty Investor | 75% | 4 |
| I-129F | Petition for Fiancée | 81.82% | 11 |
| I-129H1B | Nonimmigrant Specialty Occupation Worker |
USCIS recently updated the following USCIS form(s):
USCIS recently updated the following form:
Number 47
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.
Published by : The Times of India - Date: October 29, 2020
Quotes and Excerpts from Rajiv on the article:
“USCIS is proposing changes in the H-1B selection process so that the H-1B quota selection is made from the highest wage down. This looks more like an election stunt than regulations that are properly thought out,” Rajiv S. Khanna, Arlington based, 1/3 managing attorney at Immigration.com told TOI.
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.
| 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.