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? ||
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.
"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".
As stated by "Indian Express" :
A proposal that will hit Indian IT companies the most, US software giant Microsoft Corporation has suggested a whopping fee of USD 10,000 (over Rs 5 lakh) for a new category of H-1B visas and USD 15,000 (more than Rs 7.5 lakh) for permanent residency or Green card.
This could raise a huge USD5 billion over a decade, it said.
Secretary of Homeland Security Janet Napolitano has extended Haiti’s Temporary Protected Status (TPS). Next week, the Department of Homeland Security will publish a notice in the Federal Register announcing this decision.
The Federal Register notice will provide additional guidance on:
The Department, in anticipation of the enactment of H.J.Res 117, which prohibits the Department from expending funds to implement the 2011 H-2B Wage Rule for the duration of that Continuing Resolution, will publish in the Federal Register a Final Rule extending the effective date of the 2011 Wage Rule to March 27, 2013.The Final Rule is posted on the Federal Register's web site September 28, 2012 and it is accessible here.
The Office of Foreign Labor Certification has posted updated program factsheets containing the FY 2012 selected statistics for the:
Myself and my husband had our interview yesterday in Atlanta USCIS office (2nd floor). Appointment for both of us was at 9:45 am. We were there about 30 mins early and submitted our interview letters at the counter and waited. The waiting area was crowded.
Interview
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*USCIS wants to notify customers and stakeholders that some work that USCIS performs at the four USCIS service centers (Vermont, Nebraska, Texas and California) will be transferred to a Field Office or the National Benefits Center (NBC) in order to balance the overall workload with processing capacity. The chart below summarizes these changes.