USCIS Clarifies Anti-Discrimination Policy
U.S. Citizenship and Immigration Services announced agency-wide anti-discrimination guidance that addresses public-facing interactions and affirms the public service principles.
U.S. Citizenship and Immigration Services announced agency-wide anti-discrimination guidance that addresses public-facing interactions and affirms the public service principles.
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 is updating guidance in the USCIS Policy Manual to clarify how USCIS considers expedite requests related to government interests and requests related to emergencies or urgent humanitarian situations, including travel-related requests. This update also clarifies how to make an expedited request and explains how USCIS processes expedited requests.
Government Interests
Release Date
USCIS has extended the initial registration period for the fiscal year (FY) 2025 H-1B cap. The initial registration period, which opened at noon Eastern on March 6, 2024, and was originally scheduled to run through noon Eastern on March 22, 2024, will now run through noon Eastern on March 25, 2024. USCIS is aware of a temporary system outage experienced by some registrants, and is extending the registration period to provide additional time due to this issue.
U.S. Citizenship and Immigration Services today announced that, starting April 1, applicants filing Form N-400, Application for Naturalization, will have the option to request an original or replacement Social Security number (SSN) or card and update their immigration status with the Social Security Administration (SSA) without having to visit an SSA office.
The initial registration period for the FY 2025 H-1B cap closes at noon Eastern on March 22, 2024.
What You Need to Know
On April 1, 2024, as part of the new fee rule, USCIS will release a new version of Form N-400, Application for Naturalization. The new version of the form changes many data elements, including adding a gender X option as another gender identity and removing several other fields.
I have H-4 EAD. However, I have not yet found a relevant IT job. Can I take up a remote job offer from one of the Indian payroll companies? Is it allowed legally?
Yes, you can work for a company based in India while on an H-4 visa, especially if you have an Employment Authorization Document (EAD). Working remotely for a foreign company from within the United States is legally permissible. However, it's essential to consider tax implications. You may be required to pay taxes in the USA, so it's advisable to consult with a tax professional or accountant to understand your tax obligations accurately.
My I-485 is pending, and my PD is from October 2014. So, it will take a while for my case to be adjudicated. I have an EAD and AP that are valid for five years.
1. Can I go back to India through the same employer, work for 2 to 3 years, and return when my case is current?
2. Can I convert my case to consular processing and go back to India, but can the derivative continue working in the USA until my case is adjudicated?
You can stay in India for an extended period while your Form I-485 is pending, especially if you have a valid Advance Parole document and Employment Authorization Document (EAD) for five years. However, maintaining continuity in your job is crucial. If you're still working remotely for the same employer or a different one under the same or similar job, there shouldn't be significant issues.
Quitting your job may raise questions about your green card eligibility. However, if you obtain a job offer from another company, filing a supplement J to demonstrate job continuity is advisable. This ensures that you can re-enter the US smoothly using your Advance Parole upon green card approval.
You can return to India to work for the same employer for multiple years and then come back to the US. You can also convert your case to consular processing if needed, provided there's continuity in your job. As long as your Advance Parole is valid, there shouldn't be any significant impact on your pending Form I-485 until your priority dates become current.