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H-1B: Person in Specialty Occupation
This nonimmigrant classification applies to people who wish to perform services in a specialty occupation, services of exceptional merit and ability relating to a Department of Defense (DOD) cooperative research and development project, or services as a fashion model of distinguished merit or ability.
Guestbook Entry for MANOJ K. SHUKLA, United States
Interim EAD experience at Detroit
I am currently in the last stage of getting my employment based Green Card (My I-485 has been filed for). I received an EAD valid for a year. I filed for an extension of the EAD some 120 days or so prior to its expiry. USCIS sent in a RFE (Request For Evidence) some 80 days after my filing. I sent in the requested evidence within 10 days of the RFE. When my current EAD expired, I went to the Detroit USCIS office to get an interim EAD. After waiting for over 3 hours, the USCIS rep. took less than 10 minutes to review all my documents and refused to issue me an interim EAD.
Interim EAD at Omaha, NE
I reached the office at 7.30 am on 12/11 (91st day after RD on I-765 notice) and found that I was the only one out there. Since it was 8 deg in the morning, this didnt come as a surprise to me 
The office opened at 8 and I was given a token when I entered. I was called in about 20 minutes.
I took the following documents with me:
1. Copy of I-765 notice
2. Copy of I-485 notice
3. Filled out new I-765 form
H-3 Visa Trainees
General Information
An H-3 classification applies to an alien who is coming temporarily to the United States:
(1) As a trainee, other than to receive graduate medical education or training, or training provided primarily at or by an academic or vocational institution, or
(2) As a participant in a special education exchange visitor program which provides for practical training and experience in the education of children with physical, mental, or emotional disabilities.
Nonimmigrant Visas
H-4 Visa Spouse & Children
Family members of the H-1B foreign worker are admitted to the United States in the H-4 category. Qualifying family members include only the spouse and unmarried children under 21 years old. H-4 dependents are admitted for the same period of time for which the H-1B foreign worker is admitted. H-4 dependents may alternatively be admitted in other nonimmigrant categories for which they qualify. H-4 dependents may undertake studies while remaining in the H-4 category, however, they may not engage in any form of employment.
Major H-1B Victory for the IT (and Consulting) Industry Against the USCIS - ITSERVE ALLIANCE, INC. Lawsuit
On 10 March 2020, a Washington DC Federal Court overturned the USCIS highly restrictive
standards applied to the consulting industry. This decision has a major positive impact on the IT
industry.
Judge Rosemary M. Collyer held that the USCIS must not administer justice through random
memoranda and must, if it wishes to change the regulations, do so through a formal process. In
fact, the USCIS seems to have illegally targeted the IT industry (“special treatment”):
USCIS Expands Flexibility for Responding to USCIS Requests
In response to the Coronavirus (COVID-19) pandemic, U.S. Citizenship and Immigration Services announced that it adopted measures to assist applicants and petitioners who are responding to certain Requests for Evidence (RFE) and Notices of Intent to Deny (NOID). This alert clarifies that this flexibility also applies to certain Notices of Intent to Revoke (NOIR) and Notices of Intent to Terminate (NOIT) regional investment centers, as well as certain filing date requirements for Form I-290B, Notice of Appeal or Motion.
USCIS to Continue Processing Applications for Employment Authorization Extension Requests Despite Application Support Center Closures
U.S. Citizenship and Immigration Services today announced that it will reuse previously submitted biometrics in order to process valid Form I-765, Application for Employment Authorization, extension requests due to the temporary closure of Application Support Centers (ASC) to the public in response to the coronavirus (COVID-19) pandemic. This announcement is consistent with existing USCIS authorities regarding the agency’s ability to reuse previously submitted biometrics.
H-1B Initial Electronic Registration Selection Process Completed
USCIS has received enough electronic registrations during the initial period to reach the FY 2021 H-1B numerical allocations (H-1B cap). USCIS randomly selected from among the registrations properly submitted. USCIS intends to notify petitioners with selected registrations no later than March 31, 2020, that they are eligible to file an H-1B cap-subject petition for the beneficiary named in the applicable selected registration.
Registrants’ online accounts will now show one of the following statuses for each registration (that is, for each beneficiary registered):
USCIS Announces Flexibility for Requests for Evidence, Notices of Intent to Deny
In response to the Coronavirus (COVID-19) pandemic, U.S. Citizenship and Immigration Services announced that it is adopting a measure to assist applicants and petitioners who are responding to requests for evidence (RFEs) and notices of intent to deny (NOIDs) dated between March 1 and May 1, 2020.
USCIS Announces Temporary Suspension of Premium Processing for All I-129 and I-140 Petitions Due to the Coronavirus Pandemic
Alert: While premium processing is suspended, petitioners may submit a request to expedite their petition if it meets the criteria on the Expedite Criteria webpage. It is the petitioner’s responsibility to demonstrate that they meet at least one of the expedite criteria. All expedite requests will be reviewed on a case-by-case basis and requests granted at the discretion of USCIS office leadership.
USCIS Announces Flexibility in Submitting Required Signatures During COVID-19 National Emergency
U.S. Citizenship and Immigration Services today announced that, due to the ongoing COVID-19 National Emergency announced by President Trump on March 13, 2020, USCIS will accept all benefit forms and documents with reproduced original signatures, including the Form I-129, Petition for Nonimmigrant Worker, for submissions dated March 21, 2020, and beyond.
March 5, 2020 Recording of Free Community Conference Call (Every Other Thursday)
Immigration Law
Green Card
Discussion Topics, Thursday, 5 March 2020
FAQ: Denial of a tourist/visitors/B visa 214(b) ||citizenship/naturalization trips of more than six months abroad || Time of stay and definition of a manager/executive employee for L-1A and EB-1C ||Transfer of H-1B while extension is pending ||What to do after an H-1B (or L-1) denial? ||Work duration and damages contracts under H-1B ||I do not have my final degree/diploma certificate/what should I do?
OTHER: Scheduling green card interview in a third country consulate || multiple H-4 extensions simultaneously ||AR-11 change of address filing, etc.,
March 19, Recording of Free Community Conference Call (Every Other Thursday)
Nonimmigrant Visas
Green Card
Discussion Topics, Thursday, 19 March 2020
FAQ: EB-1C - What if my priority date does not become current before my L1A expiry? Should I file an H1B for safety? If I do, will I get moved from EB1 to EB2 ? Should my wife try for H1B ? Is there any maximum number of tries for H1B? If neither me nor my wife manage to get a H1B visa in the next 3 years, is it ok to exit the country and come back when EB1 priority date becomes current ? What visa will I come back with? || Loss of job/laid off during Covid/coronavirus times
OTHER: Moving from a cap exempt H-1B, extension etc. || Apply for an H-1B extension while another MTR is pending || Rejoining old employer after withdrawn I-140 || 60 days grace period for H-1B || Travel during EAD/AP renewal || H-1B transfer or AC21?
H Visa Processing times & status checks
Processing Times
- USCIS Service Center Processing Times
- California Service Center
- Nebraska Service Center
- Texas service Center
- Vermont Service Center
Nonimmigrant Visas
H-2 Visa - Temporary Workers
The H-2B visa category is used by U.S. employers to temporarily employ skilled or unskilled foreign nationals in nonagricultural positions for which the employer has a temporary need and for which qualified U.S. workers are unavailable. The company must plan to employ the foreign nationals for a temporary period and the employer’s need for the skills of the foreign nationals must also be temporary. In addition, the employer must seek a “labor certification” from the U.S. Department of Labor (DOL) certifying that:
Got Approved Yesterday and I am waiting for the Oath Ceremony
Application Mailed: Sep. 30, 2008
Priority Date: Oct. 1, 2008
Finger Printing: Oct. 30, 2008
Interview: Jan 26, 2009.
Citizenship and Naturalization
Got Approved Today and I am Waiting for the Oath Ceremony
I'm on the west coast (California):
Application Mailed: Sep, 2008
Finger Printing: Oct, 2008
Interview: Jan, 2009
Here are a few things worth mentioning:
- Dont take your cell phone with you. One of the offices(fingerprints) didn't allow them at all. The other office wouldn't let me take my cell phone in as it had a camera on it.
Take all your old passports (as well as your current one) that include entry into the U.S since getting your green card.
Citizenship and Naturalization
Got Approved Yesterday and Waiting for the Oath Ceremony
Following are my Dates:
Application Mailed: Sep, 2008
Priority Date: Sep, 2008
Finger Printing: Oct, 2008
Interview: Jan, 2009
My Interview was scheduled at 10:00 am today. Reached the location at around 9.35 am. Submitted the forms and were asked to wait for the name to be called.
Citizenship and Naturalization
Interview Passed and Recommended for Approval
They ran out of slots for the 10/30 oath about 7 people before me, so after that all of us got the N652 with "civics test/English passed" and "congratulations; it seems you are eligible...etc etc checked off, and when they handed it to to us they said our oath letters will be in the mail soon.