Hi,
I want to share my interim EAD experience. I went to the local office on July 6 in Arlington,VA.
Well, I arrived at INS @ 7:15AM. There were like 250 to 300 people before me. By the time I got my EAD card it was 4:30PM. There is only one person that was helping issues related to work permits. Part of the reason for the delay was they closed early on july 2.
Anyways, be prepared to take day off (for those who are already occupied during the day) when you plan to go for your interim EAD.
Had our EADs done in a day too.My wife had a job offer confirmed but did not have an EAD on the day she received her offer letter.Since we had passed the wait period to qualify for an interim EAD we went on a expedition to the BCIS office at 5am and were among the 20's in the line.Got it done in less than a hour and drove to the nearby office for Photo.Had to wait for the office to open the counters and were one among the first few to get it done.Everything was done by 10.30am and my wife got her job too
They say about 30 days, but my wife got the letter in 2 weeks. Once she has this letter, it was pretty easy for her to get that interim EAD. They generally dont listen to you...unless you follow their procedures.
1. Got in line at 4:15AM. 8 people in front of me.
2. At 7:30AM, they started taking folks with appointments.
3. At 8:00AM, they started taking walk-ins.
4. After security check, sent to the 3rd floor.
5. Told that computers for the ticket system are down, only I90 applicants can be processed.
6. Started giving out numbers manually. Mine was E0002. I176 receipt was taken.
7. Was sent to the EAD section across the big room.
8. Asked to fill I765 application. I brought one from home.
I would like to share with you an information that you might be able to add to the 'Interim EAD Issuance Policy' section. Yesterday, I went to the Orlando, FL office to get my interim EAD. They told me that I had to mail in my request to their office. What they want really is for us to sent them, by mail, another I-765 application, write INTERIM on top of it, attach the I-765 and I-485 receipt and sent it to them by mail.
I applied for an EAD in April 2004 along with an I-485 etc. The EAD was applied for through e-file.
I heard nothing for 90 days, then made an appointment with Tampa USCIS.
I arrived and was told that as I e-filed the EAD application before I received my I-485 notice of action (but after I sent the I-485 pack) that my EAD COULD be denied. I was told that they couldn't issue an interim EAD and that I'd need to apply again. She then laughed at me and I was asked to leave for no reason.
Case: Picked for H1B lottery.
- What happens if the company lays off after June but before October 1? Would I stay on my current visa status? Or will I be on H1B but with a 60-day timeline to find the next job?
- Does the status automatically change to H1B on Oct 1? or does immigration require paystubs for a couple of weeks to prove our employment?
- If I file the petition with two companies separately, how will immigration decide which one to approve? Will they approve both?
- Are there any travel restrictions from June to Sept
In this scenario, you won't be on H-1B status with a 60-day grace period to find a new job.
I started the self-NIW application while working with employer A, but for some reason, I could not file the petition. Later I got laid off from employer A and now I'm working with employer B.
I want to restart the NIW application. Questions:
1. Since I got laid off with employer A, will that be a challenge/red flag in my petition?
2. It's only been one month with employee B. Shall I wait some time at company B to restart my NIW application? or doesn't it matter?
Answer 1. Being laid off is not a challenge/red flag.
Answer 2. There's no reason it should be. You don't need to wait to restart the application. You can file it even though you've only been with employer B for a month.
1) Is H1B cap-exempt to H1B lottery-based considered a change of status?
2) If I currently have an H1B cap-exempt visa and am filing for an H1B petition in June, when can I not travel outside of the US - from now to June, June to Petition Approval, or from Petition Approval to Oct ? My current H1B visa would be valid until Nov.
Yes, potentially. It allows you to work while your STEM OPT expires (April 30th in your case), and your H-1B petition is pending, extending your work authorization until October 1st.
U.S. Citizenship and Immigration Services (USCIS) has a collection of helpful resources and free study materials to help educators who teach adult citizenship education classes. Visit the USCIS Citizenship Resource Center to help find materials that can help you build curriculum and supplement classroom study materials.
Release Date
05/06/2024
WASHINGTON — U.S. Citizenship and Immigration Services is honoring its dedicated workforce during Public Service Recognition Week (PSRW) 2024. Celebrated annually during the first full week in May since 1985, PSRW is a time set aside to honor those who serve the nation as federal, state, county, and local government employees.
USCIS recently updated the following USCIS form(s):
Form I-941, Application for Entrepreneur Parole
05/06/2024 09:40 AM EDT
Edition Date: 05/06/24. Starting July 8, USCIS will accept only the 05/06/24 edition. Until then, you can also use the 04/01/24 and 07/21/22 editions. You can find the edition date at the bottom of the page on the form and instructions.
For more information, please visit the Forms Updates page.
Release Date
05/07/2024
Effective April 1, 2024, USCIS centralized the intake process of Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, and related filings under the Violence Against Women Act (VAWA) for self-petitioning abused spouses, children, and parents at the Nebraska Service Center.
Release Date
05/08/2024
USCIS has issued policy guidance in the USCIS Policy Manual clarifying when H-3 nonimmigrants may participate in training provided on the property of an academic or vocational institution.
Number 90
Volume X
Washington, D.C
A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS
This bulletin summarizes the availability of immigrant numbers during June 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.
Discussion Topics:
FAQ’s: EAD delayed - options || Benefits of National Interest Waiver
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | April 2023 |
| Audit Review | December 2022 |
| Reconsideration Request to the CO | April 2023 |
If EAD approval is delayed and the employment is no longer valid unless the EAD is received by USCIS, then the employer has to terminate the employee. Can the company send the employee on leave without pay temporarily until the EAD is received? Both can be done, and it is up to the company how they want to handle the case.
The employer can put the employee on unpaid leave to avoid unauthorized work. Termination is also an option but not mandatory. The company decides between leave and termination.
Two general questions,
1. What are the benefits of filing an EB2 NIW for a person whose I-140 has already been approved by an employer in the same category apart from NIW, not depending on your employer? Also, can you get your I140 approved priority date to your NIW?
2. Is it possible to renew the H-1B visa stamp before expiration? For example, if my H1B expires on November 1st and I apply for a visa stamp in October with approved extension I797, Would I be able to renew it?
While an approved I-140 with an employer offers some benefits, an EB-2 NIW grants portability - you can keep your green card across job changes in your field. It also allows extending your H-1B past the 6-year limit and enables your spouse to work and travel with you. For those with backlogged priority dates (e.g., India), NIW can help with I-130 petitions in specific situations. If your I-140 is approved already, the main advantage of NIW becomes self-sponsorship. Finally, you can renew your H-1B visa stamp before expiry, though consulate lead times (like four months) might apply.
Published by: The Economic Times - Date: May 25, 2024
https://economictimes.indiatimes.com/nri/migrate/is-it-a-good-idea-for-…
Synopsis