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? ||
My wife's EAD expired last month and she stopped working till today. She applied renewal in December, 2003. We waited till 90 days is complete and went to local USCIS office on 3/22/2003. It is a walk in. The lady in reception verified the I-765 receipt. After making sure that 90 days have lapsed. She asked us to fill some paper work and wait in the adjoining hall. The office called her and collected her Driver's License and expired EAD. After verification he returned Driver's License and asked her to get her picture taken in the next room.
I would like to provide my personal experience at the Columbus, Ohio office. It was a frustrating experience like any other government office experience.We went there at 7.45 AM. We submitted the application forms and the EAD renewal notices, which the security submitted inside to the USCIS (BCIS ) officers. We were walk-in applicants for interim EADs. It seems that the Columbus office prioritizes "all" the people who have prior appointments before the walk-ins. Therefore, our turn did not come until 12-12.30 PM.
Applied for EAD in first week of Jan (paper filing) and because of some issue with I got the application back on 26th sent again on 27th received by NSC on 28.. I got the receipt with the RD of 28 and ND of 30th ... My current EAD was expiring on Mar 12. I was waiting and checking the status every day, but when it did not got approved till like 2nd or 3rd march. I started talking with my attorney; I also talked with Rajiv and my company's attorney.
Thank you for having the best web site on immigration and for taking action to improve the processing times.
My wife and I visited the Hartford office on 4th March 2004 to get an Interim EAD issued. We filed for an extension on November12 th 2003 and as of the visit date it was still not approved.
Total processing time was about 3 hours. Interim EAD was issued for 2 months.
I reached there around 4:30am. People were already lined up. First you have to get the form from one line and then wait in another line. Around 6:30am they asked people who are there for EAD to form another shorter line. I got the token and my no. was called around 8:30am. The required documents are :
1. I-485 receipt
2. I-765 receipt
3.information about any previous I-765, like receipt date
4. previous EAD Plastic card
5.California driver license and Passport for identification.
I went to the Miami office today to apply for a temporary work authorization card. This office no longer accepts walk ins as of two days ago. People can either make an appointment with the office on the web from home, or on site. The waiting time is approximately two weeks for an appointment. This is for any type of immmigration case.
Went to Newark for Interim EAD recently and got in line early at 6am. Got into office at 8am went to 2nd floor, and then got the iEAD appl. With i765 receipt was soon sent to 13th floor ( room #1300 )here they check your papers, i485 receipt, i-140 etc... ( basis for EAD )then sent to room# 1304 here your photo & FP will be done got the iEAD card around 10.30am
5:15 AM Reached at 970 Broad Street(Found 12-15 people there already)
7:35 They let us in and gave a slip. Slip was basically asking to go to 2nd floor Romm # 200.
7:40 Reached 2nd floor Room # 200.
Was asked to be in a line by the wall (there were 2 lines, Line by the wall was for EAD only)
First of all, Kudos for the excellent Service provided by you. I took all the feedback from your site & went to USCIS office in San Jose, CA to get an INTERIM EAD Today. Everything went well & I was given an Interim EAD for 10 Months..
"96 days after submitting the EAD application, Tampa refused to issue an interim EAD. Evidentially an appointment card had been mailed that same day.The appointment was set for 10 days later. Including 2 months wasted trying to get the initial appointment to submit the EAD application, it took 5.5 months to get this EAD renewal. The real tragedy was the loss a job and residual loss of income which lasted months. We will start this process again 6 months before this EAD expires. Hmm...that's pretty soon".