Guestbook Entry for MANOJ K. SHUKLA, United States
Name
MANOJ K. SHUKLA
Country
United States
State
MS
Search
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
J-1/J-2 Visa
Generally, a citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a nonimmigrant visa for temporary stay, or an immigrant visa for permanent residence. Exchange visitor (J) visas are nonimmigrant visas for individuals approved to participate in exchange visitor programs in the United States.
Options after layoff on approved EB-1 - Compelling circumstances EAD and GC EAD conversion
Question details
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?
FAQ Transcript
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.
NIW I-485 rejected: Refiling options and priority date usage?
Question details
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?
FAQ Transcript
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.
Recommendations for Paper Filings to Avoid Scanning Delays
Release Date
11/16/2022
As USCIS moves towards an increasing electronic environment, USCIS now scans and uploads many documents into electronic database systems. To avoid delays and improve scanning efficiency, USCIS recommends that you do not:
Rajiv's Comments in the News - US H-1B visa: Ways to improve your chances with lottery process
Published by: Live Mint: April 01, 2023
https://www.livemint.com/news/world/us-h1b-visa-exclusive-ways-to-impro…
Quotes and Excerpts from Rajiv in the article:
Immigration expert Rajiv Khanna cited, there are ways to increase your chances of being selected in the lottery process, such as having multiple employers file for the same employee.
Save Jobs H-4EAD Case Dismissed
Nonimmigrant Visas
The challenge to the validity of H-4 EAD program was dismissed by court. #immigration #H4EAD
Rajiv's Comments in the News - US court dismisses court challenging work authorisation of H-1B spouses
Published by: The Economic Times: March 30, 2023
https://economictimes.indiatimes.com/tech/technology/us-court-dismisses…
Quotes and Excerpts from Rajiv in the article:
Rajiv's Comments in the News - If H1B visa holders lose jobs, can spouses continue to work? Expert take on H4 work visa ruling
Published by: Live Mint: April 03, 2023
https://www.livemint.com/news/world/if-h1b-visa-holders-lose-jobs-can-s…
Quotes and Excerpts from Rajiv in the article:
Immigration expert Rajiv S. Khanna stated regulations aim to provide greater opportunities for skilled foreign workers and their families to settle and contribute to the US economy.
USCIS Updates Guidance on Administrative Naturalization Ceremony Venues
Release Date
04/04/2023
U.S. Citizenship and Immigration Services is issuing policy guidance in the USCIS Policy Manual to clarify the types of venues USCIS may use for administrative naturalization ceremonies.
Update to Form I-589, Application for Asylum and for Withholding of Removal
On Nov. 10, 2022, USCIS published a new edition of Form I-589, Application for Asylum and for Withholding of Removal, dated 10/12/22. Starting May 1, 2023, USCIS will only accept the 10/12/22 edition. Until then, you can also use the 07/26/22 edition. You can find the edition date at the bottom of the page on the form and instructions.
Recording for April 06, 2023 Conference Call with Rajiv S. Khanna
Immigration.com
Nonimmigrant Visas
Immigration Law
Discussion Topics:
PERM Processing Times (as of 03/31/2023)
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | July 2022 |
| Audit Review | April 2022 |
| Reconsideration Request to the CO | July 2022 |
Agency
Green Card
Immigration Law
AAO Processing Times (January - March 2023)
| Form Type | Case Type | Completed 0-180 Days | Quarterly Completions |
|---|---|---|---|
| Cumulative total of all completions | 88.20% | 932 | |
| I-129CW | Petition for CNMI Nonimmigrant Transitional Worker | 100% | 5 |
| I-129F | Petition for Fiancée | 91.67% | 12 |
| I-129H1B |
Immigration Law
Visa Bulletin For May 2023
Number 77
Volume X
Washington, D.C
A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS
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
Guestbook Entry for Misha Kumar , United States
Name
Misha Kumar
Country
United States
State
Virginia
Recording for April 20, 2023 Conference Call with Rajiv S. Khanna
Immigration.com
Nonimmigrant Visas
Green Card
FAQs: Impact of job changes on pending I-140 and/or PERM applications for H-1B holder || Recommendation letters for EB-1A applications ||What happens if you stay outside the U.S. for more than 8 months as a permanent resident
USCIS Clarifies Guidance on Citizenship and Naturalization for Adopted Children
Release Date
04/21/2023
Effective immediately, USCIS is updating Volumes 5 and 12 of the USCIS Policy Manual to clarify how U.S. citizenship and naturalization provisions apply to adopted children.
This policy manual update consolidates and clarifies existing information in Volume 5 and supplements policy in Volume 12 of the Policy Manual on citizenship and naturalization. The updated guidance:
H-1B Lottery FY 2024 Data and Fraud Investigations
USCIS Has Said
As previously announced, on March 27, 2023, U.S. Citizenship and Immigration Services (USCIS) received enough electronic registrations during the initial registration period to reach the fiscal year 2024 H-1B numerical allocations (H-1B cap), including the advanced degree exemption also known as the master’s cap.
FY 2024 H-1B Initial Registration Period Updates
As previously announced, on March 27, 2023, U.S. Citizenship and Immigration Services (USCIS) received enough electronic registrations during the initial registration period to reach the fiscal year 2024 H-1B numerical allocations (H-1B cap), including the advanced degree exemption also known as the master’s cap.
The H-1B electronic registration process, implemented in 2020 beginning with the FY 2021 H-1B cap, has dramatically streamlined processing by reducing paperwork and data exchange, and provides an overall cost savings to petitioning employers and USCIS.