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? ||
Hi,
I want to share my interim EAD experience. I went to the local office on July 6 in Arlington,VA.
Well, I arrived at INS @ 7:15AM. There were like 250 to 300 people before me. By the time I got my EAD card it was 4:30PM. There is only one person that was helping issues related to work permits. Part of the reason for the delay was they closed early on july 2.
Anyways, be prepared to take day off (for those who are already occupied during the day) when you plan to go for your interim EAD.
Had our EADs done in a day too.My wife had a job offer confirmed but did not have an EAD on the day she received her offer letter.Since we had passed the wait period to qualify for an interim EAD we went on a expedition to the BCIS office at 5am and were among the 20's in the line.Got it done in less than a hour and drove to the nearby office for Photo.Had to wait for the office to open the counters and were one among the first few to get it done.Everything was done by 10.30am and my wife got her job too
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.
They say about 30 days, but my wife got the letter in 2 weeks. Once she has this letter, it was pretty easy for her to get that interim EAD. They generally dont listen to you...unless you follow their procedures.
1. Got in line at 4:15AM. 8 people in front of me.
2. At 7:30AM, they started taking folks with appointments.
3. At 8:00AM, they started taking walk-ins.
4. After security check, sent to the 3rd floor.
5. Told that computers for the ticket system are down, only I90 applicants can be processed.
6. Started giving out numbers manually. Mine was E0002. I176 receipt was taken.
7. Was sent to the EAD section across the big room.
8. Asked to fill I765 application. I brought one from home.
I applied for an EAD in April 2004 along with an I-485 etc. The EAD was applied for through e-file.
I heard nothing for 90 days, then made an appointment with Tampa USCIS.
I arrived and was told that as I e-filed the EAD application before I received my I-485 notice of action (but after I sent the I-485 pack) that my EAD COULD be denied. I was told that they couldn't issue an interim EAD and that I'd need to apply again. She then laughed at me and I was asked to leave for no reason.
"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".