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Options after layoff on approved EB-1 - Compelling circumstances EAD and GC EAD conversion

9 months ago By Chief Editor
Question details

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?

 

FAQ Transcript

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.

 

NIW I-485 rejected: Refiling options and priority date usage?

9 months ago By Chief Editor
Question details

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?

 

FAQ Transcript

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.

 

STEM OPT Employed with Startups - A Special Case

1 year ago By Rajiv S. Khanna

For international students on an F-1 visa in the United States, the STEM OPT extension program provides an opportunity to gain valuable work experience after graduation while extending their stay in the US for a chance of an H-1B lottery win. Concomitantly, the program is invaluable for US employers in facilitating access to well-qualified workers, most with graduate degrees.

USCIS Issues Policy Guidance on “Ability to Pay” Requirement When Adjustment of Status Applicants Change Employers

1 year ago By Chief Editor

Release Date 

01/05/2024

U.S. Citizenship and Immigration Services today issued policy guidance (PDF, 322.3 KB) on how USCIS analyzes an employer’s ability to pay the proffered wage for immigrant petitions in certain first, second, and third preference employment-based immigrant visa classifications, including instances when the sponsored worker is changing employers. 

Recording for January 4, 2024 Conference Call with Rajiv S. Khanna

1 year ago By Chief Editor

Nonimmigrant Visas

Green Card

Discussion Topics, Thursday, January 04, 2024

FAQ: Holding two full-time IT jobs on H-4 EAD || Transitions From H-1B job loss to B-2 status and impact on future H-1B employment || NIW Criteria || H-1B laid off: grace period, last employment date, health insurance, and legal stay during change of employer

Updated USCIS Forms

1 year ago By Chief Editor

USCIS recently updated the following form(s):

Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA)

08/31/2021 10:46 AM EDT

Edition Date: 08/31/21 E. USCIS will also accept the 08/31/21 edition. You can find the edition date at the bottom of the page on the form and instructions.

Form I-690, Application for Waiver of Grounds of Inadmissibility Under Sections 245A or 210 of the Immigration and Nationality Act

Visa Bulletin For February 2024

1 year ago By Chief Editor

Number 86

Volume X

Washington, D.C

View as Printer Friendly PDF

A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS

This bulletin summarizes the availability of immigrant numbers during February 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.

Agency

Green Card

Immigration Law

USCIS to Launch Organizational Accounts, Enabling Online Collaboration and Submission of H-1B Registrations

1 year ago By Chief Editor

Release Date 

01/12/2024

Will Also Introduce Online Filing for I-129 H-1B Petitions and H-1B I-907 Premium Processing Service 

WASHINGTON—U.S. Citizenship and Immigration Services today announced the upcoming launch of a package of customer experience improvements for H-1B cap season. The measures are expected to increase efficiency and ease collaboration for organizations and their legal representatives.

Recording for January 18, 2024 Conference Call with Rajiv S. Khanna

1 year ago By Chief Editor

Nonimmigrant Visas

Green Card

Discussion Topics:

FAQ: H-1B lay off 60 days grace, options including B-1/B-2, approved I-140, Severance pay || Optimizing H-4 EAD options and bundling premium processing for H-1B and H-4 extensions || Implications of visa fraud by an employer on H-1B, L-1, green card, citizenship || Advantages of a National Interest Waiver, transitioning to EB-1, entrepreneurship, and H-4 employment for spouse

USCIS Forms Update Notice

1 year ago By Chief Editor

Recently updated USCIS forms:

Form I-942, Request for Reduced Fee

12/20/2023 12:51 PM EST

Edition Date: 12/20/23. Starting March 25, USCIS will only accept the 12/20/23 edition. Until then, you can also use the 12/02/21 and 02/13/19 editions. You can find the edition date at the bottom of the page on the form and instructions.

Form I-881, Application for Suspension of Deportation or Special Rule Cancellation of Removal (Pursuant to Section 203 of Public Law 105-100 (NACARA))

USCIS Updates Guidance on Untimely Filed Extension of Stay and Change of Status Requests

1 year ago By Chief Editor

Release Date 

01/24/2024

U.S. Citizenship and Immigration Services today announced an update to its Policy Manual providing that USCIS, in discretion and under certain conditions, may excuse a nonimmigrant’s failure to timely file an extension of stay or change of status request if the delay was due to extraordinary circumstances beyond the control of the applicant or petitioner.

USCIS Issues Final Rule to Adjust Certain Immigration and Naturalization Fees

1 year ago By Chief Editor

Release Date 

01/30/2024

WASHINGTON – Today, U.S. Citizenship and Immigration Services (USCIS) published a final rule to adjust certain immigration and naturalization benefit request fees for the first time since 2016. The final rule will allow USCIS to recover a greater share of its operating costs and support more timely processing of new applications.

H-1B Quota 2025

9 months ago By admin

We recommend that the H-1B lottery registration process should be planned and initiated now to ensure that it is ready to be submitted once the registrations open from noon Eastern on March 7, 2025 through noon Eastern on March 24, 2025. During this period, prospective petitioners and representatives must use a USCIS online account to register each beneficiary electronically for the selection process and pay the associated registration fee for each beneficiary.

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