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.
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 got my EB1A approved and am in the process of filing my I765 and I485 concurrently, since my date for EB1A is current, but unfortunately I got laid off now,so what is my option? Can I file a compelling Circumstances EAD and continue working once my Compelling circumstances EAD is approved and convert to GC EAD once GC EAD is approved? Or file a B2 visa and once GC EAD approval comes, can I work? Can kids go to school during my Compelling circumstances EAD approval after the grace period?
If you have an approved EB-1A and your priority date is current, you can file I-485 without needing a specific job, as long as you intend to continue working in your field. A Compelling Circumstances EAD is not an option since it is only available when dates are not current. Consult your lawyer, but you should be able to proceed with your I-485 filing.
1. If NIW I485 is rejected. Can we refile I485, or need to start a new NIW case from I-140 stage?
2. NIW I485 is rejected. If I refile the new NIW and it is approved, can the previous NIW's priority date be used for this new NIW's AOS?
3. How will the Trump administration affect NIW I485 cases? Would you suggest any precautions?
4. Can petitioner file multiple NIWs simultaneously with different endeavors?
If your NIW I-485 is rejected but your I-140 is still pending or approved, you can refile the I-485 without starting a new NIW case. However, consult your lawyer for any case-specific nuances.
If you file a new NIW and it gets approved, you can use the priority date from a previous NIW only if the prior I-140 was approved.
As for multiple NIW filings for different endeavors, it is theoretically possible but may weaken your case by making it appear unfocused.
Published by: Live Mint: May 04, 2023
https://www.livemint.com/news/world/us-visa-process-to-tighten-up-amid-…
Quotes and Excerpts from Rajiv in the article:
What is H-1B visa fraud?
The fraud in the H1B lottery is attempting to increase an individual's chances of selection illegally, opines Rajiv S. Khanna, managing attorney at Immigration.com, the Law Offices of Rajiv S. Khanna, PC.
FAQs
- Switching employers while one's spouse is on an H-4 visa and the steps to ensure a smooth return to the U.S.
- H-1B or green card misrepresentation: Legal options and consequences for fighting back against USCIS
- Options for extending stay in the U.S. after layoff as an international student pursuing a Master's in IT
- Potential visa complications for an H-1B visa holder due to past employment with a blacklisted company and alternatives for obtaining an H-1B stamp
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SUBSCRIBE to Immigration.com YouTube Channel for further updates.
Immigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney Rajiv Khanna
Blog: http://www.immigration.com/blogs
Following up on the announcements of April 21, April 27, May 1, and May 8, 2023, the Office of Foreign Labor Certification (OFLC) is postponing the date for filers to begin submitting the new, revised applications for permanent employment certification and CW-1 applications for temporary employment certification in the Foreign Labor Application Gateway (FLAG) from May 16, 2023, to June 1, 2023. Applicants should continue to use the current PERM and CW-1 forms until such time.
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | July 2022 |
| Audit Review | April 2022 |
| Reconsideration Request to the CO | August 2022 |
Number 78
Volume X
Washington, D.C
A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS
This bulletin summarizes the availability of immigrant numbers during June 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.
Effective May 11, 2023, the Student and Exchange Visitor Program (SEVP) ended its Coronavirus Disease (COVID-19) guidance, consistent with the end of the COVID-19 Public Health Emergency, following the end of the COVID-19 National Emergency
This article is part of the continuing series of interviews between The Practical Lawyer Editorial Board Member Rajiv S. Khanna and leading practitioners across the country, designed to provide personal and professional insights into various areas of the law.
Read more by clicking the pdf attachment.
USCIS recently updated the following form:
05/15/2023 11:11 AM EDT
Edition Date: 05/15/23. You can find the edition date at the bottom of the page.
For more information, please visit Forms Updates page.
FAQs: Removing spouse from green card processing || Multiple green card petitions simultaneously and exploring concurrent filing of EB-2 NIW || What are the consequences of H-1B or green card fraud or misinterpretation? How does it affect my departure, assets and financial matters? || Transitioning from H-1B to I-485 GC EAD: maintaining status and re-employment considerations
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
Immigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney Rajiv Khanna
Blog: http://www.immigration.com/blogs
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
Immigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney Rajiv Khanna
Form I-485, Application to Register Permanent Residence or Adjust Status
02/21/2023 08:29 AM EST
Edition Date: 02/21/23. USCIS will also accept the 12/23/22 edition. You can find the edition date at the bottom of the page on the form and instructions.
02/21/2023 07:59 AM EST
We recommend that the H-1B lottery registration process should be planned and initiated now to ensure that it is ready to be submitted once the registrations open from noon Eastern on March 7, 2025 through noon Eastern on March 24, 2025. During this period, prospective petitioners and representatives must use a USCIS online account to register each beneficiary electronically for the selection process and pay the associated registration fee for each beneficiary.
FAQs:
1. Laid off on EAD from EB1A, can I start an UNRELATED teaching business?
2. Can I travel on Advance Parole?
3. Can I delay using an H-1B visa to utilize the STEM extension period?
4. H-1B specialty occupation for MS in UX Design (STEM)
Number 99
Volume X
Washington, D.C
A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS
This bulletin summarizes the availability of immigrant numbers during March 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.