Discussion Topics, Thursday, 1 December 2016:
FAQ: New I-140 EAD regulations -- Extending H-1 after I-140 revocation, retaining priority dates under new regulations, per country limits, EAD under the new regulations; effective date of new regulations; Visa cancelled CWOP, 214(b) denial; FAQ: Implications of joining an end client where H-1B employer objects, H-1B employer not paying salary - DOL Wage and Hour Division Complaint WH-4; AC21 green card portability, "same or similar" job under old/new regulations, working on 1099 as contractor; Frequency of visits and duration of stay on tourist/visitors/B-1/B-2 visa; Foreign Medical Graduates, Physicians, H-1B for part time jobs, concurrent cap and cap exempt H-1B employment.
Other: Consular processing green card through future employer; Can one start H-1B job before the requested start date? Court orders for migration of child by divorced parent; H-2B extension, denial, 240-day rule; Volunteering on F-1 OPT; Aging out; Name errors on green card; Humanitarian parole, H-1B change of status, etc.
| Form Number |
Case Type |
Time |
|---|---|---|
| I-129CW | CNMI-Only Nonimmigrant Transitional Worker | 6 months or less |
|
I-129F |
Petition for Fiancée |
6 months or less |
|
I-129 H1B |
Nonimmigrant Specialty Occupation Worker |
6 months or less |
Number 1
Volume X
Washington, D.C
A. STATUTORY NUMBERS
This bulletin summarizes the availability of immigrant numbers during January 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.
Beginning December 12, the free citizenship preparation and study materials in USCIS’ Citizenship Resource Center will be easier to use from a smartphone, tablet or other mobile device. Among the improvements, the new design puts key navigational links inside a single “hamburger” icon like that found on many other mobile sites. This redesign follows the launch of mobile friendly design on other parts of uscis.gov and uscis.gov/es earlier this year.
To allow immediate relatives of U.S. citizens and certain “stateless” individuals to maintain legal status in the CNMI, U.S. Citizenship and Immigration Services (USCIS) has extended the parole program for these relatives, effective immediately, until December 31, 2018.
To apply for extension of this parole, you must:
The Department of Homeland Security (DHS) is amending its regulations governing the requirements and procedures for victims of human trafficking who seek T nonimmigrant status. DHS is also streamlining procedures, responding to public comments, and providing guidance on the statutory requirements for T nonimmigrants in order to ensure that the T nonimmigrant status (T visa) regulations are up to date and reflect USCIS’ adjudicative experience.
The H-2B returning worker provisions of the Consolidated Appropriations Act of 2016 (Public Law 114-113) expired on Sept.
USCIS reminds applicants and petitioners to pay new fees with forms postmarked or filed on or after Dec. 23, 2016, or USCIS will not be able to accept the filings. USCIS will only accept previous fees if they are postmarked Dec. 22 or earlier.
USCIS recently updated the following form(s):
Update to Form I-602, Application By Refugee For Waiver of Grounds of Excludability12/30/2016 02:00 PM EST
New edition dated 12/19/16. Previous editions accepted. You can find the edition date at the bottom of the page on the Form and Instructions.
Update to Form I-134, Affidavit of Support12/30/2016 01:56 PM EST
As part of our ongoing efforts to be responsive to customer needs in immigrant visa processing, the Department of State is pleased to announce that original or “wet ink” signatures are no longer required on submitted Forms I-864, Affidavit of Support. This also applies to the I-864A, I-864W, and I-864EZ.
USCIS posted an update to Form I-566, Interagency Record of Request -- A, G or NATO Dependent Employment Authorization or Change/Adjustment to/from A, G or NATO Status. The new edition is dated 12/07/16. Starting 02/27/17, USCIS will only accept the 12/07/16 edition. Until then, you can use the 05/10/16 edition.
For more information, please visit Forms Updates page.
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.
When new fees for most USCIS forms went into effect on December 23, 2016, USCIS published updated versions of the forms at uscis.gov/forms. USCIS strongly encourages customers to submit these new versions, which are updated with the new fees and have an edition date of 12/23/16.
On the date of my first interview in the city of Hartford, I felt i got my feet back on the ground since i been waiting for so long for the past of half year. The whole first interview took around 40 minutes and DID NOT pass, because the Adjudications Officers claims my application missed 3 pieces of evidences that I suppose to bring them with me.
1. The past 2 years tax reports, including the State and Federal tax reports.
2. The IRS document I-1722, which states my pervious tax filing status.
Litigation may not be a good remedy in adjustment of status delay or I-140 delay cases or other matters where USCIS is permitted to exercise discretion. For an assessment of your case, please feel free to consult us. However, generally an immigration applicant may be able to seek judicial remedy to expedite his or her long pending application/petition with the USCIS by way of filing a Writ of Mandamus.
This is the how to page
On March 28, 2005, the Department of Labor (DOL) implemented the current process for submitting Labor Certifications - the Program Electronic Review Management (PERM). PERM replaced the previous paper system know as Reduction in Recruitment (RIR). This is the first step for many employment-based green card cases and is required for applicants under category employment-based preference 2 or employment-based preference 3 (EB2 and EB3).
Aliens who are physically present in the United States already are allowed to immigrate without leaving the United States to apply for an immigrant visa. This process is called Adjustment of Status (AOS). The USCIS will permit an application for AOS to be filed only if an immigrant visa is immediately available to the alien. Section 245(a) of the Immigration and Nationality Act (INA) governs the general AOS provisions.