Discussion Topics, Thursday 19 October 2017:
FAQ: Pros and cons of adjustment of status and consular processing for green card || Applying for green card while holding H-4 status; applying for green card and permanent residence for another country simultaneously ||Changing status from tourist or business visa (B1 or B2) within the United States|| How to read the visa bulletin? || What type of questions can be asked in consular or adjustment of status interview for employment based applicants || Effect of a speeding ticket on green card or naturalization/citizenship || Effect of moving abroad while still on H-1B visa || Denial of H-1B on Level 1 wage issue || Doing business on H-4 EAD. Other: Family-based green card for an H-1B holder || Filing concurrent H-1B for family-owned business || Relationship between maintaining US permanent residence and expiration of green card || I-94 correction through the CBP || H-4 visa/status issues || H-1B laid off || H-4 EAD to H-1 || H-4 EAD issues, etc.
WASHINGTON — Under updated policy guidance (PDF, 97 KB), U.S. Citizenship and Immigration Services (USCIS) is instructing its officers to apply the same level of scrutiny to both initial petitions and extension requests for certain nonimmigrant visa categories. The guidance applies to nearly all nonimmigrant classifications filed using Form I-129, Petition for a Nonimmigrant Worker.
Office of the SpokespersonWashington, DC
October 24, 2017
Based on Section 6(a) of Executive Order 13780, “Protecting the Nation from Foreign Terrorist Entry into the United States,” the U.S. government undertook a 120-day review of the U.S. Refugee Admissions Program (USRAP) to identify and implement additional security screening processes in order to uphold the safety of the American people.
As a result, the President has issued a new Executive Order that provides for the general resumption of the USRAP.
The following Immigration Policy Memorandum is now available in the Policy Memoranda section of the USCIS website:
Can USCIS Discontinue H-1B Extensions Beyond 6 Years? In my opinion, the answer is: no. Can they try? Yes, but they will need to change the law through the Congress. Drastic changes through executive action are legally unavailable. This discussion has become necessary because there are reports circulating that the Trump administration is trying to devise ways and methods to take away the benefit of extension beyond six years for H-1B holders.
Form I-941, Application for Entrepreneur Parole, is for entrepreneurs to: (1) make an initial request for parole based upon significant public benefit, (2) a subsequent request for parole for an additional period, or (3) file an amended application to notify USCIS of a material change.
PERM Processing Times (as of 12/31/2017)
USCIS transferred some of the following cases from the Vermont Service Center and California Service Center to the Texas Service Center:
USCIS recently updated the following USCIS form(s):
01/03/2018 12:00 AM EST
For more information, please visit Forms Updates page.
WASHINGTON —U.S. Citizenship and Immigration Services (USCIS) issued updated policy guidance today clarifying that a proxy vote must be irrevocable to establish the requisite control of a company in an L-1 visa petition.
USCIS updated the following USCIS form(s):
DHS is currently reviewing extension requests from states with extensions that expired on October 10, 2017. DHS will update this page as these reviews are completed and new extensions are granted. In the meantime there will be no change in enforcement status for these states. States will have a grace period until January 22, 2018, meaning that Federal agencies (including TSA) will continue to accept driver’s license and identification cards issued by these states in accordance with each agency’s policies.
In a huge relief for Indian techies spooked over reports of the Trump administration considering a proposal to prevent the extension of H-1B visas, the US Citizenship and Immigration Services said it “is not considering a regulatory change that would force H-1B visa holders to leave the United States” reports The Indian Express.
The USCIS London Field Office in the United Kingdom is moving to the new U.S. Embassy facility in the Nine Elms area of London. The last day that USCIS will provide services at Grosvenor Square facility will be January 10. Anyone who has an urgent request while the field office is closed should email USCIS.london@uscis.dhs.gov for assistance.
On January 17, USCIS will reopen at the new location:
On January 10, 2018, the Department of State launched improvements to how we share information with U.S. travelers. These improvements will provide U.S. citizens with clear, timely, and reliable safety and security information worldwide. Under the new system, every country will have a Travel Advisory, providing levels of advice ranging from 1 to 4:
Discussion Topics, Thursday 11 January 2018:
FAQ: Submitting adjustment of status, form I-485, When the applicant is in between projects/not working || H-4 EAD rules change and H-1B extensions rules change || Change in job title after getting a green card approval || Transferring H-1B while an RFE is pending || How to find an accredited university to get Master’s degree to process an EB-2 green card. Other: Wage requirements under the H-1B LCA ||Converting back to H-1B from a compelling circumstances EAD ||Extending H-1B from outside the USA with an approved I-140 || RFE pending delay in an adjustment of status case || Applying for adjustment of status while in authorized period of stay||Status while an H-1B extension spending ||Questions about EB-5 green card through investment/investment visa ||H-1B quota exemption if approved within