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Guestbook Entry for Sudhakar Madduri , United States
Guestbook Entry for Praveen Kotha , United States
Guestbook Entry for Abdel-Moneim Attia , United States
Guestbook Entry for Nagarjuna Rao Chakka , United States
Guestbook Entry for Mangal Nagarkar, United States
Options after layoff on approved EB-1 - Compelling circumstances EAD and GC EAD conversion
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.
NIW I-485 rejected: Refiling options and priority date usage?
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.
USCIS Provides Third Gender Option on Form N-400
Release Date:
04/01/2024
USCIS has revised Form N-400, Application for Naturalization, to provide a third gender option, “X,” defined as “Another Gender Identity.” USCIS is also updating guidance in the USCIS Policy Manual accordingly to account for this form revision and other forthcoming form revisions that will add a third gender option; see the Policy Alert (PDF, 344.77 KB).
Notice of FY 2025 H-1B Cap Initial Registration Selection Process Completion and Cap Season Reminders
Release Date:
04/01/2024
H-1B Initial Electronic Registration Selection Process Completed
USCIS Forms Update Notice
USCIS recently updated the following form(s):
Form I-929, Petition for Qualifying Family Member of a U-1 Nonimmigrant
04/01/2024 06:16 PM EDT
March 30, 2024, Rajiv in QnA session on behalf of students, young professionals
Immigration.com
Nonimmigrant Visas
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
USCIS Announces New Guidance on Form I-693 Validity Period
Release Date:
04/04/2024
U.S. Citizenship and Immigration Services today announced (PDF, 317.28 KB) that any Form I-693, Report of Immigration Medical Examination and Vaccination Record, that was properly completed and signed by a civil surgeon on or after Nov. 1, 2023, does not expire and can be used indefinitely as evidence to show that the applicant is not inadmissible on health-related grounds.
Staying outside the US on Re-Entry Permit Validity, Usage, and Multiple Entries for Green Card Holders
Background Context
Applied for I131, ReEntry Permit for my parents, who hold GC
Receipt Notice: 12/27/2022
Biometrics: Jan 2023
Left US: March 1, 2023
Approval Notice received: 03/07/2024 with validity from 02/29/2024 to 02/27/2026
Question
While the intention is to be back in the US as soon as possible, can parents stay outside US till 02/27/2026 or do they need to be back before Feb 25, 2025 (as it would be two years by then since they left)?
Can the re-entry permit be used for multiple entries, or is it just for one-time use?
One can stay outside the US for the entire validity period of the re-entry permit, and yes, they can use it for multiple entries during that time.
Unemployment Benefits for H-1, H-4 + EAD Holders with Previous H-1B Employment
Can someone in H4 + EAD status receive unemployment benefits if they only worked on H1b status? Would receiving such benefits be considered a public charge or have any other negative impact down the road?
Unemployment benefits in the US vary by state and can be complex. If you are an H1B visa holder who has been laid off, you may be eligible for benefits during your 60-day grace period, but it's important to confirm with your state's unemployment office. Regardless of your visa situation, it's important to remember that unemployment benefits are considered an earned benefit funded by your employer's contributions, so there's no public charge concern. Always check with your state's unemployment office for specific requirements and the application process.
Visa Bulletin For May 2024
Number 89
Volume X
Washington, D.C
A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS
This bulletin summarizes the availability of immigrant numbers during May 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 Adopts Department of Labor Definition of “Science or Art”
Release Date:
04/10/2024
U.S. Citizenship and Immigration Services is issuing policy guidance (PDF, 321.14 KB) in the USCIS Policy Manual to add the U.S. Department of Labor (DOL) definition of “science or art” for Schedule A, Group II cases.
Recording for April 11, 2024 Conference Call with Rajiv S. Khanna
Immigration.com
Green Card
Discussion Topics:
April 13, 2024, Rajiv in QnA session on behalf of students, young professionals
Immigration.com
Nonimmigrant Visas
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
PERM Processing Times (as of 3/31/2024)
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | March 2023 |
| Audit Review | December 2022 |
| Reconsideration Request to the CO | May 2023 |
Agency
Green Card
Immigration Law
AAO Processing Times (January - March 2024)
The AAO reports its processing times by form type, displaying the total number of completions for the quarter and the percentage completed within 180 days, which is our goal.
The administrative appeals process has two stages: initial field review and AAO appellate review.