DHS Reforms To Attract And Retain Highly Skilled Immigrants
DHS Reforms To Attract And Retain Highly Skilled Immigrants
Release Date: January 31, 2012
Search
State Dept. Releases Pending Final Rule On L Visas Full Validity
DEPARTMENT OF STATE
22 CFR Part 41
[Public Notice:]
Visas: Issuance of Full Validity L Visas to Qualified Applicants
AGENCY: State Department.
ACTION: Final Rule.
SUMMARY:This rule permits the issuance of L visas with validity periods based on the visa reciprocity schedule; whereas the current rule limits L visas to the petition validity period, which is determined by the Department of Homeland Security.
DHS Fact Sheet on " Impact of Counting Changes on Nonimmigrant Admissions"
Interpreting recent trends in I-94 nonimmigrant admissions has been complicated by more complete recording of entries into the United States. Beginning in 2005, at selected Southwest border crossings, the Department of Homeland Security installed new technology to record land admissions previously excluded from I-94 data systems; by 2010 this technology was installed at nearly all pedestrian crossings and vehicular lanes along the Southwest and Northern borders.
AOS Pending, Should H-1 be Renewed
Question details
Should H-1 be renewed while the AOS is pending?
Bottomline - I think H-1 should be renewed.
A little more info: A few months ago, I used to feel strongly that AOS applicants should keep their H-1 active for several reasons. Two of these are:
One, EAD issuance was erratic and CIS had discontinued issuance of interim EAD's (that is, if in 90 days your EAD is not issued, you could walk with a infopass appointment to your local CIS office and get an EAD). Thus, EAD's were unreliable and given for only a year. You could have interruptions in your work.
Filling DS 156
I am trying to take an appointment for my wife to renew her H-4 visa since the dates are available right now. She came here on H4, switched in between to F-1 (change of status) but did not leave US, then got the new approval for change of status to H4 (after we filed for green card) and wants to get it stamped now. There is a bit of confusion on the DS-156 form that I have to fill out.
Does J-1 HRR Prohibit Issuance of F-1?
Question details
If someone came to the US on a J1 visa with a residency requirement of two years and that person returns back to the home country and then would like to return to the US on an F1 visa to continue a master's degree, can a visa be issued before the residency requirement is completed and does the new F1 visa if given, get rid of the J1 residency requirement?
The two-year home residency requirement does not prohibit issuance of F-1 visa. That can be tried any time, even before the HRR is completed. Ultimately, F-1 visas are discretionary. But there is no law that prohibits their issuance in these circumstances.
Issuance of an F-1 does NOT waive the HRR. You will stay subject to it.