Discussion Topics, Sept 29, 2022
FAQs
STEM extension expiring, options to stay in USA, Is Day 1 CPT it safe and legal?
Parents who are GC holders, applied for reentry permits, left USA; do they need to return to the USA or can they wait till I-131 is processed?
Options if employment-based I-485 is denied?
How can I maintain my H-1B while working outside the USA?
Number 71
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.
Release Date
10/11/2022
U.S. Citizenship and Immigration Services (USCIS) has issued policy guidance (PDF, 342.87 KB) in the USCIS Policy Manual based on the vacatur of the EB-5 Modernization Rule and the EB-5 Reform and Integrity Act of 2022.
Policy highlights include:
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | February 2022 |
| Audit Review | November 2021 |
| Reconsideration Request to the CO | May 2022 |
| Form Type | Case Type | Completed 0-180 Days | Quarterly Completions |
|---|---|---|---|
| Cumulative total of all completions | 64.85% | 791 | |
| I-129F | Petition for Fiancée | 100% | 18 |
| I-129H1B | Nonimmigrant Specialty Occupation Worker | 94.87% | 39 |
| I-129H3 |
Release Date: October 12, 2022
Increase Will Help Address the Need for Seasonal Workers and Reduce Irregular Migration
Discussion Topics:
FAQ: Can I change my status from B-1/B-2 to H-1B, L-1, F-1?|| Can an H-1B holder open an LLC in the US and employ their spouse on H-4 EAD? || Parents staying in or traveling to the U.S. while their green card petition is pending? || Volunteer work on an H-1B visa || Deportation when a permanent resident is involved in Shoplifting || 7th year H-1B extension with pending PERM
Release Date
10/18/2022
U.S. Citizenship and Immigration Services will consider certain CW-1 petitions seeking an extension of status for temporary workers present in the Commonwealth of the Northern Mariana Islands (CNMI) to be filed on time, even if USCIS receives them after the worker’s current period of CW-1 petition validity expires.
USCIS is providing this limited accommodation to facilitate the current Temporary Labor Certification (TLC) processing delays at the U.S. Department of Labor (DOL).
Release Date
10/24/2022
U.S. Citizenship and Immigration Services is extending certain COVID-19-related flexibilities through Jan. 24, 2023, to assist applicants, petitioners, and requestors. Under these flexibilities, USCIS considers a response received within 60 calendar days after the due date set forth in the following requests or notices before taking any action, if the request or notice was issued between March 1, 2020, and Jan. 24, 2023, inclusive:
Some other useful student resources:
Online Nonimmigrant Visa Application (DS-160)
Release Date
10/27/2022
U.S. Citizenship and Immigration Services is clarifying its Aug. 25, 2020, policy on implementing the requirement that workers leave the United States for at least 30 days after two renewals of their CNMI-Only Transitional Worker (CW-1) visa classification.
FAQ: What happens to H-1B after Green Card approval? || OPT eligibility requirements, F-1 status for one academic year, and Change of Status or visa stamping from back to H-4 || PERM issues for a green card for remote jobs - headquarters || Can an H-1B visa holder rent via Airbnb? Is this a violation of status? || How long does it take from PERM to Green Card, and difference between NIW and PERM Labor Certification? || Applying for E-2 Visa with a pending family-based Green Card; who can be the main applicant for an E-2 visa? ||
Got the interim EAD issued on the same day . They encourage walk in from tuesday to friday between 8 to 11. Went to Arlington Office at 7AM , they opened at 7.30 and got my EAD around 12.30 PM.Documents needed were the receipt notice and the EAD renewal application form.
There is no need to get there early. Try to be there around 9 and they'll give you a ticket. If you are lucky, you'll have your picture taken after a small wait otherwise you'll have to wait for 4 to 6 hours before you get your card. The good news is you'll get without any problems with the exception of the long waiting time.
I filed for a routime renewal of my EAD with AOS pending at the NSC, the case was transfered to Denver district office. AFter 3.5 months I went to get an interim EAD which was not granted because their records supposedly showed that the EAD was approved. Waited few more weeks went back again, same story. Bottomline is nether an interim EAD nor did theactual EAD ever show as approved online or ever got to me.
I dont know what to do next.
"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.
Went to the Local Office at 1.30 PM. Got the call after 2 hours and 30 minutes wait and they asked for the old EAD, New I 765 Form and the I485 Reciept. It took 15 min to finish the process of getting the iEAD. It was a good experience and the staff were quite helpful.
Interim EAD experience at Newark NJ. Date : 5/28/2004 EAD renewal applied on 28th January 2004 but no approval for 4 months so interim was the only way out.
Stood in line (with wife and kid)
: 6:30 AM Entered building
: around 9:00 am Was the 14th InterimEAD applicant since morning. I saw numbers go up to 35. Both wife and me got EAD valid for 8 months at
Went to SFO office for interim EAD. My 140 and 485 were pending beyond 90 days. The officer refused saying 140 is "on hold". No additional reason was provided. It's 6 months since filing and there has been no RFE.
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.