FDNS (Fraud Detection and National Security) H-1B Investigations
FDNS H1B Assessment Overview and History:
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H-1B Benefit Fraud & Compliance Assessment
The Office of Fraud Detection and National Security (FDNS), a Division of the National Security and Records Verification (NSRV) Directorate, drafted this report, in collaboration with the other USCIS Directorates and the USCIS Office of Chief Counsel. All USCIS components reviewed the cases involving fraud or technical violations and the proposed enhancements to the H-1B program and concurred on the report.
For more information on this report please check the attachment.
Nonimmigrant Visas
Immigration Law
H-1B Program and Information Sharing with Homeland Security
This report from GAO describes: (1) how Labor carries out its H-1B program responsibilities; and (2) how Labor works with other agencies involved in the H-1B program.
Nonimmigrant Visas
Agency
Immigration Law
Review of the USCIS Benefit Fraud Referral Process
The Department of Homeland Security (DHS) Office of Inspector General was established by the Homeland Security Act of 2002 (Public Law 107-296) by amendment to the Inspector General Act of 1978.
This report addresses the Fraud Detection and National Security program of United States Citizenship and Immigration Services. The program endeavors to detect and deter immigration benefit fraud. This report is based on interviews with employees and officials of relevant agencies and institutions, direct observations, and a review of applicable documents.
Nonimmigrant Visas
Agency
Immigration Law
CIS Ombudsman Issues Recommendation to USCIS on Temporary Acceptance of Filed Labor Condition Applications (LCAs) for Certain H-1B Filings
CIS Ombudsman released a recommendation on "Temporary Acceptance of Filed Labor Condition Applications (LCAs) for Certain H-1B Filings."
Please check attachment for detailed information.
H-1 Approval after 5 Years of Unlawful Presence
We were recently retained by an employer who had received very poor legal advice and representation from two different lawyers because of which their employee and her children fell out of H-1 status AND were unlawfully present in USA since 2004. It appeared almost impossible that we will be able to get her back into status after a gap of over FIVE years, but it did work out. Today, we have received H-1 approval as well as the coveted I-94 for all family members.
Nonimmigrant Visas
Profession/Occupation
Guestbook Entry for Bruce A. Trickel, United States
Name
Bruce A. Trickel
Country
United States
State
Oklahoma
Recording for July 11, 2024 Conference Call with Rajiv S. Khanna
Nonimmigrant Visas
FAQs: Eligibility for 1-year H-1B extension under 365-day rule based on PERM filed on November 1, 2023 || Assessing eligibility and strengthening profile for EB2-NIW application without a research background
Eligibility for 1-year H-1B extension under 365-day rule based on PERM filed on November 1, 2023
Question details
My PERM was filed on November 1, 2023, and my current visa expires on October 10, 2024. Am I eligible to apply for a one-year extension based on the 356-day rule? If so, is July a good month to apply for a one-year extension?
OR do I need to travel back to my Country and apply for an extension after 1st November 2024?
FAQ Transcript
H-1B extensions beyond 6 years are possible through an approved I-140 or a PERM labor certification pending for 1 year. For PERM-based extensions, you can apply before the 1-year mark, but the extension only becomes effective after a full year. For example, if your PERM was filed on November 1, 2023, and your current H-1B expires in October 2024, you could apply for an extension in July 2024. However, the extension would only be effective from November 1, 2024. You may need to leave the country temporarily if there's a gap between your current H-1B expiration and the extension's effective date.
Recording for July 25, 2024 Conference Call with Rajiv S. Khanna
Citizenship and Naturalization
Nonimmigrant Visas
FAQs: Naturalization eligibility for recent extended absences over six months and less than one year from the U.S. || H-1B Grace Period Related Issues
H-1B Grace Period Related Issues
Question details
I have just 50 days left on my H1B grace period, and I need to get an employer to transfer my H1B, or I will be kicked out of the States. My question is, which of the following paths should I choose?
1) I have a Canadian visitor visa, which is for six months, so can I go to Canada if I don't get a job by the grace period?
2) If I don't get an employer should I shift on B1/B2? If I do, how can I come back on H1B? Is there anything else you suggest to keep my H1B active?
FAQ Transcript
1. Sure. If you're not in the US, you can go anywhere. Please review my post on the immigration.com blog and my article in the Economic Times.
2. If you think it will be difficult to find a job for a long time and are okay with returning to school and earning another degree, you should consider CPT an option. If you do not think you'll get a job relatively quickly, you should try the B-1/B-2 option. People have been getting extensions to B-1/B-2.