PERM Processing Times (as of 08/01/2024)
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | July 2023 |
| Audit Review | December 2022 |
| Reconsideration Request to the CO | November 2023 |
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AAO Processing Times (April - June 2024)
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
USCIS Forms Update Notice
USCIS recently updated the following form(s):
08/28/2024 09:34 AM EDT
Edition Date: 08/28/24. You can find the edition date at the bottom of the page of Form G-1055, Fee Schedule.
Form I-914, Application for T Nonimmigrant Status
08/28/2024 08:26 AM EDT
Edition Date: 08/28/24. Starting Aug. 28, 2024, USCIS will accept only the 08/28/24 edition. You can find the edition date at the bottom of the page on the form and instructions.
H-1B extension pending: Impact of traveling to India using old visa, returning with 2-3 days remaining on visa, etc.
Question details
My current I-797 and H-1B visa stamping is valid until 03rd December 2024. I have filed for an extension. Can I travel to India while my H-1B extension is pending? Does it have any impact on my I-797 approval and its validity period, as my I-94 will be changed upon my reentry to the USA?
I am traveling to India for Medical reasons in the month of September and will return on December 1st, 2024. If my H-1B is not approved by December 1st, Can I enter the USA with 2-3 days of Visa stamp validity, and what justification could I give with only 2-3 days of stamping validity?
If my H-1B is approved while I am out of the country or during transit, Can I enter the USA with the existing H-1B stamping?
My work is remote, and I can work from anywhere. Can you provide me with a better solution than the 2 options below?
1. If my visa is not approved by then, I will travel to India and return to the USA before December 1st.
2. I will continue to stay in India until I get my visa approved and get the stamping done before reentry to the USA. Premium processing is no option for me as my employer will not support citing RFEs as the reason.
FAQ Transcript
If you have an H-1B visa from a previous employer that hasn't expired and your current employer has filed for an extension, you can travel outside the U.S. while the extension is pending. You can return with just a few days left on your old visa stamp. The visa is not tied to a specific employer, so as long as your old visa is valid, you should be able to re-enter the U.S.
However, it's important to carry proof of your pending extension when you return. While there is no official source confirming this, many individuals have successfully traveled under similar circumstances without issues.
H-1B options as an F-1 student on STEM OPT in a nonprofit university: Cap-subject vs. cap-exempt strategies and transitioning to cap-subject H-1B in the future
Question details
I am currently in my second year of OPT ( my stem OPT expires in December 2025), and I am working as a software engineer at a Nonprofit university.
Here is my plan for scenarios that might happen, and I need your help to tell me if I am on the right path or completely moving in the wrong direction.
My employer agreed to file an H1 at the end of the stem opt, but I plan to ask my employer (a non-profit) to file a cap-subject visa for me. Everything will be fine if they do and it gets picked. If not, I have a long-standing offer ( with a project ) from a consulting firm who will file for me.
- My question is, either way if lottery doesn't get picked i am planning to go with cap exempt route from my university.
- If I have an H-1B cap-exempt visa and my lottery gets picked any time in the future, the chances of the client waiting till Oct 1(visa start date) can be unpredictable. Is there a way to bypass this by moving to day one CPT or any other visa and starting working immediately with the client? I heard that it is practically impossible to move to cap subject if i have cap exempt visa and my priority is cap subject.
FAQ Transcript
If an H-1B cap petition is approved, you could consider moving to Day 1 CPT to start working immediately for a client. However, since your H-1B won't take effect until October 1st, a better option might be to pursue a concurrent H-1B until then, allowing you to work immediately and transition to your permanent H-1B status later.
USCIS to Open International Field Office in Quito, Ecuador
Release Date
08/30/2024
WASHINGTON—U.S. Citizenship and Immigration Services today announced the opening of an international field office in Quito, Ecuador on Sept. 10. The Quito Field Office will focus on increasing refugee processing capacity, consistent with USCIS commitments under the U.S. Refugee Admissions Program, and helping reunite individuals with their family members already in the United States.
USCIS Office, Callowhill St. Philadelphia PA
State
PA
Date: 06/02/2008
Time: 2:00 PM
Place: USCIS office, Callowhill St. Philadelphia PA
CIS Reinstates Limited I-140 Premium Processing - Updated 2/27/09
The news item and related documents are available here:
http://www.immigration.com/newslette...prmprocss.html
Please note, for now (June 2008), premium processing is only available if you meet ALL of the current requirements:
1. Your are currently on H-1;
2. Your H-1 status is expiring within 60 days when you apply for I-140 premium processing; and
3. You are not eligible to receive 1-year H-1 extensions because your labor certification was filed less than one year ago.
USCIS Expedite Criteria
This issue has come up several times. Here is what USCIS says:
USCIS Considerations to expedite Cases
All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The criteria are as follows:
* Severe financial loss to company or individual
* Extreme emergent situation
* Humanitarian situation
* Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
Basic Criteria for Extraordinary Ability
This morning, I was working on explaining to a client (whom I respect greatly), one of the foremost musicians from India, how EB1 (Extraordinary Ability) category applies to musicians and performers. As I was sending him the basic information on EB1 category, I thought I will share the general criteria with all of you. This information is for EA, generally and applies to all fields - not just music. See attached.
Regards to all. Rajiv.