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 application is pending at VSC for more than 4 months now. On 91st day (Which happened to be a Wednesday), we reached Arlington office at 1.45pm. They asked us to wait in a room, after a while someone picked up her receipt and gave her a form to fill out. After 30 minutes they asked her to wait in another room after verifying the payment info. She was done by 3.15pm, so I should say it was a painless and quick procedure. She was issued EAD valid for one year.
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.
Today, I went to the local USCIS office at 10 w jackson blvd, and got the IEAD. This office is just outside the Jackson Blue Line Subway station. They opened the doors at 6AM. When they opened the doors, there were around 50 people in the line.
They were asking for EAD, 140 reciepts, IL driving license/state ID or some postal mail to prove that you are IL resident.
Got the IEAD for 3 months. Out by 9AM.
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.
Today I went in because it's 91 days after my I-765 Employment app was processed. I was told to do this after phoning the 1 800 number, they told me go in to the Honolulu office and request an Interim EAD because it had not yet been approved.
When I got there, I was told that it had actually been approved May 16th ( I was also told that when I went to get biometrics the person did not stamp both my letters and do fingprint/photo for the I-765, just the I-485, so I went there again).
We went and got my wife's interim EAD and walk-in Advance Parole in NYC on 5/25/04. The application has been pending for more than 150 days.
We lined up at 5 AM, got into the building at 7 AM. We went to a room on the 1st floor, where the EAD receipt was checked, we were given a yellow sheet and asked to put the A# and name on it. We then went to the 9th floor, where after waiting for 40 minutes, we received a ticket #. They said it would take a while to do the background check, so we went to the 8th floor to take care of the AP.
We applied for EAD at Vermont. Receipt date was 2/19/2004. But we did not receive our Ead and it was not approved either. On 5/21/2004 we went to NY office, at 5 am, and went inside at 7.30 am( there was no crowd).Submitted the new application at 8.00 am. They made us to wait, telling they were doing the extensive background check until 12.30 and then after a photograph we were issued an EAD for 8 months.
In front of us there was a person whose EAD was lost in the post from Vermont was denied an EAD, asking her to call Vermont and wait.
We filed for an EAD renewal to VSC on Jan 30th 2004. Apparently we did not check how much VSC was back logged. EAD was expiring on 8th of April. When the Employer asked for a renewed EAD, we checked the status & realized the seriousness. We took an appointment with the local Tampa USCIS on March 19th (49th day of filing EAD). We showed all the documents to the officer, she did not allow me to utter a single word. She gave me an appointment for March 24th for Interim EAD. On March 24th Local USCIS issued an interim EAD in 10 mintues for 8 months.