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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.
AAO Processing Times (January - March 2021)
The AAO reports its processing times by form type, displaying the total number of completions for the quarter and the percentage completed within 180 days, which is our goal.
The administrative appeals process has two stages: initial field review and AAO appellate review.
Immigration Law
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.
Visa Bulletin For May 2021
Number 53
Volume X
Washington, D.C
A. STATUTORY NUMBERS
This bulletin summarizes the availability of immigrant numbers during May 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.
Agency
Green Card
Immigration Law
Medicals for I-485
As I had said in our last community conference call, our office inquired. A USCIS officer advised not to submit medicals without an RFE. He said wait for the RFE or bring them to the interview.
USCIS Issues Policy Guidance on Deference to Previous Decisions
Release Date
04/27/2021
USCIS is issuing policy guidance in the USCIS Policy Manual instructing officers to give deference to prior determinations when adjudicating extension requests involving the same parties and facts unless there was a material error, material change, or new material facts.
Rajiv's Article - The US will continue with its 2020 student immigration policies. Here's what that means for you
Published by: The Economic Times - Date: April 28, 2021
Synopsis
New or Initial F and M students who were not previously enrolled in a program of study on March 9, 2020, will not be able to enter the United States as a nonimmigrant student for the 2021-22 academic year if their course of study is 100 percent online.
For more on this article please see the attachment below.
Rajiv's Comments in the News - H-1B visa extensions will be smoother as Trump-era memo is revoked
Published by: The Times of India - Date: April 28, 2021
Quotes and Excerpts from Rajiv in the article:
Rajiv S. Khanna, Managing Attorney at Immigration.com told TOI, “Business entities make plans based on consistency and predictability – not being able to rely on the availability of professional workers was not conducive to business nor to non-citizen workers.”
USCIS Forms Update Notice
USCIS recently updated the following forms:
Document Verification Request Supplement
04/08/2021 07:54 AM EDT
Starting June 28, 2021, USCIS will only accept the 04/08/21 edition. Until then, you can also use the 05/29/18 edition. You can find the edition date at the bottom of the page on the form and instructions.
04/08/2021 07:36 AM EDT
Community Conference Call, April 29, 2021. Presented by: Rajiv S. Khanna (Every Other Thursday)
Immigration.com
Nonimmigrant Visas
Immigration Law
Green Card
Discussion Topics, Thursday, April 29, 2021:
FAQ: Options for potential H-4 dependent visa holder continuing their employment in India || Applying for a green card while on F-1 Student status or OPT
Travel from India to USA Banned
6 May 2021
As of today, there are no updates from the government beyond what was on the US Consulate website
On 30 April 2021, President Biden placed a restriction on travel to the US.
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:
H-1B and CPT
Change of Status
The term Change of Status (COS) is the name given to the process through which a person can change from one temporary status (nonimmigrant) to another temporary status without having to leave the United States. Typical examples of this process are changing from a student visa status to H-1B. Usually, a successful COS is evidenced by the USCIS issuing you a new I-94.
Changing status from a temporary visa to a green card within the United States is also a change of status, but it is technically referred to as Adjustment of Status (AOS).
Visa Services Update
Visa Services Operating Status Update from DOS
Last Updated: April 6, 2021
F-1 Students Seeking Optional Practical Training Can Now File Form I-765 Online
Release Date
04/12/2021
WASHINGTON—U.S. Citizenship and Immigration Services today announced that F-1 students seeking optional practical training (OPT) can now file Form I-765, Application for Employment Authorization, online if they are filing under one of these categories:
Guestbook Entry for Sanhe Hu, United States
Rajiv's Comments in the News - Green card holders stuck in India need to prove US ties
Published by: The Times of India - Date: April 17, 2021
Quotes and Excerpts from Rajiv in the article:
Apri, 15, 2021 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)
Immigration.com
Nonimmigrant Visas
Green Card
FAQS: H-1B revoked after 1 October, never used. Am I quota exempt? Travel while I-485 AOS is pending: returning on H-1B visa, AP, AVR etc.