I am currently in the last stage of getting my employment based Green Card (My I-485 has been filed for). I received an EAD valid for a year. I filed for an extension of the EAD some 120 days or so prior to its expiry. USCIS sent in a RFE (Request For Evidence) some 80 days after my filing. I sent in the requested evidence within 10 days of the RFE. When my current EAD expired, I went to the Detroit USCIS office to get an interim EAD. After waiting for over 3 hours, the USCIS rep. took less than 10 minutes to review all my documents and refused to issue me an interim EAD.
"Went to the local Houston USCIS office by 4:50 am on friday Jul 11, 2003 and found myself behind 100 people (folks camping out...looked like a slumber party
. They sure let us in by 6:15am and got a number (186) & processed by around 12:45pm.
I reached the office at 7.30 am on 12/11 (91st day after RD on I-765 notice) and found that I was the only one out there. Since it was 8 deg in the morning, this didnt come as a surprise to me
The office opened at 8 and I was given a token when I entered. I was called in about 20 minutes.
I took the following documents with me:
1. Copy of I-765 notice
2. Copy of I-485 notice
3. Filled out new I-765 form
Published by: Light Reading - Date: July 31, 2003
Quotes and Excerpts from Rajiv on the article:
"There are eight or nine bills pending with similar provisions [to Tancredo's]," says Rajiv S. Khanna, a lawyer specializing in H-1B visa issues who practices in Arlington, Va. But he thinks the H-1B visa program already has shrunk along with the rest of the economy. "It's down, in my opinion, to 10 percent of what it was."
For more details please see the attachment below.
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
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mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney