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.
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).
Release Date:
04/01/2024
H-1B Initial Electronic Registration Selection Process Completed
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
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
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.
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.
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.