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 applied for EAD on September 17, 2003. After 90 days I did not get the EAD approved from VT. I went to the local office in Arlington on January 8, 2004. They gave me a date to come back for the issuance of an interim EAD which was February 18, 2004. On February 3, 2004 VT approved my EAD without me having to go to local for the interim.
Went around 9:30 am, approximate wait time 45 mins, the lady on the window asked for the notice of action for the actual EAD renewal filed and the new form I-765. Submitted the form, she told the notice will be mailed to you and it might take 30 days to get notice.
Recently I have been to Baltimore District Office to collect my interim EAD, I was told that if INS Processing Center(Vermont) requested some additional documentation, that requested documentation should be sent to Vermont(that information should be updated in INS database), then only they can issue interim EAD. They are taking 30 days to issue Interim EAD.
MY EAD renewal was applied for and 6 months had passed and after several months worth of unanswered phone calls, I got someone at the switchboard who transferred me to the EAD department.
I was informed that my application was lost and a new one would need to be submitted or no new EAD.
After travelling all morning to Chicago and a fair bit of trying to
convince the door guy, i got in and the whole process took about 3 hours. They worked quickly once I showed up on thier doorstep.
I walked in to the Detroit USCIS Center on Monday Sept 9th 2003 at 11:30pm. They gave me the waiting number & gave me an application form for Employment Authorization. At around 3:00 pm the duty officer wanted receipt notices (over 90-day proof), the original I-765 application, I-94 & driving licence (proof of picture ID). She asked me to get photo copies of each of these documents, which I got it immediately for her. After an hour someone called my name and took my picture and provided the card good for 6 months.
I had filed for EAD during the last week of Oct'2003 for my wife and myself. After 90 days I called Hartford, CT office for Interim EAD they told me to come after 104 days of Receipt Date because after 90 days period I have to wait 15 more days (they believe web status may not be correct in some cases and one will have to wait for 15 days for Card issue and postal delay)
I went for my iEAD recently at the district office in Jacksonville. It is best to make appointments online as only 20 people are allowed without appointments. Documents required were passport, driver's license, appointment printout, and I765 receipt (either original or copy) Initially I had to talk to an immigration officer at the counter who checked that there was no RFE for the EAD or that it had been mailed. Then I was told to fill out an application again for EAD.
As per online message of USCIS, my EAD renewal card was approved and mailed on 12-31-2003. But I haven't received the card till 1/14/2004. So idecided to go to local Omaha office to get my iEAD as my first EAD is expiring soon.
*opens at 7 am. * Bio-meteric center is in different building than USCIS office. * 15 people in queue at 8:30 * Took 30 mins to get Ticket number. * Took 45 mins to get to window. * 30-45 mins to validate * 45 mins for EAD ( photo , printing) They asked for reciept. Was surprised to see that even after calling national call center address was not changed nor by sending AR11. Wasted other day in queue ...