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.
Release Date 09/30/2020
WASHINGTON-U.S. Citizenship and Immigration Services Deputy Director of Policy Joseph Edlow issued the following statement in response to the U.S. District Court for the Northern District of California issuing a nationwide preliminary injunction enjoining fee increases for citizenship and other immigration benefits.
Published by : The Economic Times - Date: October 01, 2020
Quotes and Excerpts from Rajiv on the article:
“While the inclusions are welcome, the guarantee is not for a final approval or denial but their decision making the first time around,” said Rajiv S Khanna, managing attorney at immigration.com. “They often send back a request for evidence and after we respond, they have another 30 days to respond,” he said.
Release Date 10/01/2020
Proposal enforces long-standing law and protects American taxpayers
On Sept. 29, 2020, the U.S. District Court for the Northern District of California, in Immigration Legal Resource Center et al., v. Wolf, et al., 20-cv-05883-JWS, preliminarily enjoined DHS from implementing or enforcing any part of the USCIS Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements rule.
While the rule is preliminarily enjoined, USCIS will continue to:
Published by : The Economic Times - Date: October 02, 2020
Quotes and Excerpts from Rajiv on the article:
“The reasoning behind the preliminary injunction is sound. The court found that the President was trying to change immigration law from the White House, over obeying the law as it is written by the legislature,” said Rajiv S Khanna, managing attorney at immigration.com.
Release Date 10/02/2020
On Oct. 2, USCIS issued policy guidance in the USCIS Policy Manual to address inadmissibility based on membership in or affiliation with the Communist Party or any other totalitarian party. Membership in or affiliation with the Communist Party or any other totalitarian party is inconsistent and incompatible with the Naturalization Oath of Allegiance to the United States of America, which includes pledging to “support and defend the Constitution and laws of the United States.”
FAQs: Green card and other options for parents of US citizens || H-1B converting to H-4 and back to H-1B issues and options || H-1B and compelling circumstances EAD || How many years can I wait to file I-485 after priority date becomes current
OTHER: Two green cards processed simultaneously || Cap exempt H-1B || Impact of pay cut on H-1B and green card || Impact on priority of withdrawn I-140 || Travel to the USA during Covid-19 times || I-944 || School fee reimbursement from employer || Filing extension and change of status at the same time, etc.
Release Date 10/06/2020
USCIS issued policy guidance in the USCIS Policy Manual clarifying whether temporary protected status (TPS) beneficiaries are eligible for adjustment of status under section 245(a) of the Immigration and Nationality Act (INA). INA 245(a) requires an alien to have been inspected and admitted or inspected and paroled into the United States, unless exempt from this requirement.
Published by : The Economic Times - Date: October 14, 2020
By Rajiv Khanna
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | April 2020 |
| Audit Review | December 2019 |
| Reconsideration Request to the CO | June 2020 |
| Form Type | Case Type | Completed 0-180 Days | Quarterly Completions |
|---|---|---|---|
| Cumulative total of all completions | 37.89% | 1842 | |
| I-129CW | CNMI-Only Nonimmigrant Transitional Worker | 100% | 7 |
| I-129E2 | CNMI Treaty Investor | 75% | 4 |
| I-129F | Petition for Fiancée | 81.82% | 11 |
| I-129H1B | Nonimmigrant Specialty Occupation Worker |
USCIS recently updated the following USCIS form(s):
USCIS recently updated the following form:
Number 47
Volume X
Washington, D.C
A. STATUTORY NUMBERS
This bulletin summarizes the availability of immigrant numbers during November 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.
Published by : The Times of India - Date: October 29, 2020
Quotes and Excerpts from Rajiv on the article:
“USCIS is proposing changes in the H-1B selection process so that the H-1B quota selection is made from the highest wage down. This looks more like an election stunt than regulations that are properly thought out,” Rajiv S. Khanna, Arlington based, 1/3 managing attorney at Immigration.com told TOI.
Are you seeking to adjust your status and become a U.S. permanent resident under a family-sponsored or employment-based preference immigrant visa? If you have not yet had a relative or employer file an immigrant visa petition on your behalf, please learn more about the Adjustment of Status Filing Process.
I hold an H1B Visa, and it is time for an extension. At the same time, I applied for my I-485 a few years ago, and I recently renewed my EAD, which is valid for 5 years. My priority date is June 2013. At this time, I am a bit confused about whether to move on to EAD or if I should continue to extend my H1B. If, for any reason, my H1B extension goes wrong, will I still be able to use my EAD? Thank you always for your support.
You should maintain your H-1B while your I-485 (AOS) is pending. If something goes wrong with your I-485, you could end up without legal status or work authorization, creating complications. Keeping your H-1B (or L-1) active provides a backup. While your spouse can use an EAD, losing their status is less risky than the primary applicant losing theirs.
I would appreciate some insights on my H-1B and green card process. Here’s my situation:
I currently have an H-1B visa valid until July 2027.
My company has filed for PERM with a priority date of October 2024.
If things go as expected, I anticipate my I-140 approval around May 2026 (with premium processing, if things go smoothly and I receive my DOL approval around Feb 2026, calculating around 15+ months from Oct 2024).
I’m considering moving to India around January/February 2027, which would be about 180 days after I-140 approval (if that helps retain I-140 benefits even if I go to India; if not, I would be moving earlier).
My questions:
Impact on H-1B if I move to India
What would happen to my H-1B if I joined a different employer in India?
What happens if I stay with the same U.S. employer but work from India?
Returning to the U.S. after H-1B expiration
If my H-1B expires while I’m in India and I haven’t renewed it, let's say that in the future, I will get an employer and want to re-enter the USA. Would the process be expected for the employer, like filing for a change of employer and me getting a new stamp in the Indian embassy, or would it have some additional complications?
I-140 and Priority Date Retention
Will my I-140 priority date remain intact if I am in India and later re-enter the USA for a different employer based on the answer to the above question?
If I get a new job in the U.S. later, what must my future employer do to transfer or use my existing priority date for the new green card process?
If you move to India (or another country) after your I-140 approval, your H-1B with your current employer will likely be revoked unless they continue paying your U.S. salary. If your H-1B expires while you are abroad, you can return to the U.S. on H-1B with any employer, as your I-140 remains valid after 180 days. However, you must restart your green card process with a new employer. Your I-140 priority date remains intact, even if you switch from EB-2 to NIW or EB-1A.
Number 1
Volume XI
Washington, D.C
A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS
This bulletin summarizes the availability of immigrant numbers during April 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.
USCIS updated the following forms:
Form I-918, Petition for U Nonimmigrant Status
01/20/2025 04:15 PM EST
Edition Date: 01/20/25. As of March 3, 2025, the currently effective version is the 01/20/25 edition. You can find the edition date at the bottom of the page on the form and instructions.
01/20/2025 10:54 AM EST
FAQs: Should I maintain my H-1B during I-485/AOS pendency? || H-1B and I-140: Moving to India & Future Return to the U.S .|| H-1B working remotely from India