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".
USCIS recently updated the following form(s):
Form N-600K, Application for Citizenship and Issuance of Certificate Under Section 322
01/20/2025 09:15 AM EST
Edition Date: 01/20/25. Starting July 3, 2025, USCIS will accept only the 01/20/25 edition. Until then, you can also use the 04/01/24 edition. 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.
I am reasonably sure that many people would be interested in learning about the new 5% remittance bill for non-US citizens and non-nationals. It's part of the big beautiful bill, so does it have a chance of getting passed? Is there a component of tax credit back for non-citizens (It says it has a tax credit back for taxpayers, but does not specify if they have to be US citizens/nationals or not) - if so, what % of it is reimbursed?
This would affect all countries, but India and Nigeria would be the most impacted. The media in both countries are covering it, but they are not mentioning the tax credit. We request that you shed more light on this bill and assist us with the possibilities, dates, and details.
Passage of the Bill: It's unlikely to pass the Senate in its current form, despite passing the House. Such provisions often face significant opposition when bundled into larger bills, and there's limited political support for a tax specifically targeting non-citizens sending money home.
Tax Credit Eligibility: Generally, non-citizens are not eligible for most US tax credits, particularly those intended for citizens or permanent residents. While specific tax credit eligibility is complex and depends on individual circumstances and the credit itself, the expert notes that a tax credit component for non-immigrants would defeat the bill's apparent purpose.
While applying for a B2 extension for job search, if I mention that despite giving so many interviews, I have not been able to get a job offer, will it increase or reduce my chances of approval?
Admitting to an unsuccessful job search on a B-2 visa extension application is unlikely to negatively affect approval, and honesty is always recommended. While not explicitly required, it's a logical and natural detail to include in your extension request, especially since your initial B-2 was likely for job searching.
When seeking an extension, you should:
Providing specific details about your job hunt adds credibility to your petition.
Currently, I'm on H1-B with an employer. My last working day with them would be on May 31st, 2025. I've already completed my grace period in the past, which was Sep 1st, 2024 - Oct 31st, 2024. I went back to my country and came to the US with my current employer. Now, I'm still looking for a new employer, and I don't think I can find one within this week. Can I still file for a B1/B2 visa and stay in the country without an employer from next week, May 31st, 2025? Can I be unemployed during the process time? Will there be any consequences?
No, you can potentially stay on a B-2 visa after H-1B employment ends, even if you've used a grace period before.
Here's why: The 60-day H-1B grace period renews with every new H-1B approval (extension, amendment, or transfer). Therefore, if you received a new H-1B approval with your current employer, you would have a fresh 60-day grace period.
During this grace period, you can file for a B-2 (visitor) visa to remain in the US. You are not considered unlawfully present until your B-2 application is denied. However, it's crucial to consult an immigration lawyer for personalized advice.
Trump Travel Ban: 19 Countries with Restrictions
Effective Date: June 9, 2025, at 12:01 AM EDT
Complete suspension of entry for both immigrants and nonimmigrants:
FAQs: New 5% remittance tax bill for non-US citizens: Will it pass and are non-citizens eligible for tax credit?|| Will admitting to an unsuccessful job search affect my B-2 visa extension approval?
SCOTUS Ruling on Nationwide Injunctions: What Anxious Parents Need to Know About Birthright Citizenship
To put matters in context, today's 6-3 Supreme Court decision is NOT about whether your US-born children are citizens. Let me be clear about what actually happened.
The Court ruled on a procedural question: whether federal judges can issue nationwide injunctions that block government policies across all 50 states. They said no; such orders should be limited to protecting only the specific parties who sued.
Published by: The Times of India - June 30, 2025
https://timesofindia.indiatimes.com/world/us/us-birthright-citizenship-…
Quotes and Excerpts from Rajiv in the article: