Release Date
11/19/2024
U.S. Citizenship and Immigration and Services is issuing guidance regarding the legal and physical custody requirements for purposes of acquisition of U.S. citizenship under section 320 and naturalization under section 322 of the Immigration and Nationality Act (INA). USCIS is also expanding guidance on derivation of citizenship before the Child Citizenship Act of 2000, under former INA section 321.
Quotes and Excerpts from Rajiv in the article:
USCIS recently updated the following form:
11/20/2024 11:39 AM EST
Edition Date: 11/20/24. You can find the edition date at the bottom of the page of Form G-1055, Fee Schedule.
For more information, please visit the Forms Updates page.
- H1B 60-day grace period starts on the date of getting notice of layoff from the employer, on the date of the severance paycheck, or on the last date of the regular paycheck?
- During H1B 60-day grace period, what is the best time to apply for B1/B2? When 30 days are left, 15 days are left, etc.?
- H1B is for 6-years of work, or 6-years total? I mean does unemployment time or B1/B2 time etc. also counts in 6-years of H1B?
- After layoff on H1B, if decided to go to school, then how to stay in US until getting admission decision and until school starts, that could take many months.
- After layoff on H1B, what is the better option to choose between B1/B2 and F-1?
The H-1B 60-day grace period starts the day after your last pay period or working day, whichever is later. It's best to apply for a B1/B2 visa around the 50th–55th day (depending on how you apply online or by email) if transitioning and an F-1 visa if planning to study. The grace period counts toward the H-1B six-year cap, but B-1/-B2 time does not. For detailed scenarios and advice, refer to the video.
I see the following new note on my Most Recent I-94 Results. Is this normal?
Note to employers, local, state, or federal agencies granting benefits:
Please visit the CBP I-94 Public Website and click on the tab for “Get Most Recent I-94” to perform a search for the applicant to confirm that the biographic and travel information displayed on this I-94 printout matches the “Get Most Recent I-94” returned results for this applicant.
While this is a new update, it seems routine and not a cause for concern.
I am reaching out on behalf of a friend who is currently facing challenges related to his H1B visa stamping process in India. He departed for India in August with an H1B Dropbox appointment scheduled for August 19th. On August 30th, he received a 221(g) notice requesting him to appear for an in-person interview. He attended this interview on September 3rd, where he responded to all the consulate’s inquiries. However, he was issued another 221(g) slip, stating that his case is now under administrative processing and that he will be notified once an update is available.
Since then, there has been no progress or further communication from the consulate.
My friend’s concern now is twofold:
1. Unpaid Leave and Payroll: Due to his company's policy, he is not permitted to work from India and has been on unpaid leave since August 15th, with his last payroll processed through this date. He is still formally employed, but he has had no payroll since then. If his H1B stamping is approved, will his re-entry to the U.S. be problematic, given the gap in payroll since August 15th? Additionally, is his H1B status still active, or could it be considered paused due to the lack of payroll?
2. Expediting the Process: Is there any way to expedite his case with the Chennai consulate, considering the indefinite delay he is currently facing?
If someone is stuck in India on a 221g for H-1B administrative processing, their reentry to the U.S. should not be problematic once their visa is stamped, even with a payroll gap. Employers are not required to pay while the employee is unable to work due to being abroad. Expediting a 221g is extremely rare, but the employer or lawyer can attempt to explain the urgency to the consulate. For detailed scenarios and advice, refer to the video.
Topics Discussed:
USCIS recently updated the following form:
Form I-941, Application for Entrepreneur Parole
10/01/2024 01:14 PM EDT
Edition Date: 10/01/24. Starting Jan. 27, 2025, USCIS will accept only the 10/01/24 edition. Until then, you can also use the 05/06/24 edition. You can find the edition date at the bottom of the page on the form and instructions.
For more information, please visit the Forms Updates page.
am sharing the following info for all, i am sure it helps:
my parents came to US in mar2004, got 6 mon entry. 6-mo extn filed early aug, website showed approval late sept, approval letter recd early oct. they have come to US 2 times earlier (2000 for 1 month and late 2002 for 5 mo). Note that we sent photocopy of I-94, NOT the original.
DOCUMENTS SENT WITH APPLICATION:
3 LETTERS: 1 from my father requesting extn, 1 from me saying I will take them around and will support them, and 1 similar letter from my brother.
Just want to post my success story to help all those silent sufferers who are looking for guidance on Vacation recapture.
My 6th year H1 expired on Oct-13-2004. My company filed for LC in Feb-2004 and I did not meet criteria for 7th year extension.
Hi Folks
With reference to my earlier post, I was really desperate to get replies regarding my query for first time Stamping at Chennai embassy, for first time stamping for H-1 B from J1 Visa.
Now, atlast I got my visa stamped and here are more details to folks who are sailing in same boat.
Hello Folks;
I successfully got my H1 (& H4 stamp) in Ottawa on March 8.
This was my third H1 stamp (second for the same employer)
It went very smooth...hardly 5 min interview...
Things seem to have improved a bit. Applied for EAD (J2 Visa holder) online on September 2. When I checked the status of the case, I got the message that my EAD had been approved on November 8. Sounds great, but lets wait until the card has arrived.
By the way, if you want to apply for an interim EAD after expiry of the 90 day period, you no longer have to stand in line all night long but can make an appointment on the USCI site (http://usci.gov) at the INFOPASS section. Good luck to everybody.