UPDATE: USCIS to Publish Revised Form I-539 and New Form I-539A on March 8
USCIS has revised Form I-539, Application to Extend/Change Nonimmigrant Status and will publish the revised form on the website on March 8, 2019.
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Premium Processing Begins for Certain Cap-Subject H-1B Petitions on May 20
On May 20, USCIS will begin premium processing for FY 2020 cap-subject H-1B petitioners requesting a change of status on their Form I-129, Petition for a Nonimmigrant Worker. Petitioners who do not file Form I-907, Request for Premium Processing Service, concurrently with an FY 2020 cap-subject H-1B petition reque
USCIS Launches H-1B Employer Data Hub
USCIS has launched an H-1B Employer Data Hub to provide information to the public on employers petitioning for H-1B workers.
Filing Employment Based Green Card While Living Outside USA
Question details
I am currently located in India and working as a Technical Architect in software MNC. I had a prior H1B valid from Feb 2008 till Dec 2014 which was sponsored by my previous company and has about 17 days left in it to complete a total of 6 years. After this I have joined a new firm, so wish to know if my current company or a new company can file for a Green Card while I am still in India. If yes , what is the way forward?
FAQ Transcript
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
USCIS Reaches FY 2020 H-1B Regular Cap
USCIS has received a sufficient number of petitions projected as needed to reach the congressionally-mandated 65,000 H-1B visa regular cap for fiscal year 2020. USCIS will next determine if the center has received a sufficient number of petitions to meet the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap.
Approved
This forum has been very helpful, and motivational for me. I finally got approved after almost 3 yrs.
Green Card
USCIS Completes the H-1B Cap Random Selection Process for FY 2020 and Reaches the Advanced Degree Exemption Cap
On April 10, USCIS used a computer-generated random selection process to select enough H-1B petitions to meet the congressionally-mandated regular cap and the U.S. advanced degree exemption for fiscal year (FY) 2020. After completing the random selection process for the regular cap, USCIS also determined that it has received a number of petitions projected as sufficient to meet the 20,000 H-1B visa U.S.
Form I-9 Acceptable Documents - Reminder USCIS
Reminder For Employers: All List B documents must contain a photo of your new hire
USCIS Strengthens Guidance for Spousal Petitions Involving Minors
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced additional guidance (PDF, 222 KB) regarding the adjudication of spousal petitions involving minors, following up on the agency’s February update to its policy.
Visa Bulletin - May 2019
Agency
Green Card
Buy American and Hire American ACCOMPLISHMENTS
As part of USCIS's efforts to fulfill President Trump’s Buy American and Hire American Executive Order, USCIS has taken numerous actions to strengthen policies and regulations designed to protect U.S. workers and their wages, enhance fraud detection and prevention in employment-based visa programs, and increase the transparency of employment-based visa programs.
When to File Your Adjustment of Status Application for Family-Sponsored or Employment-Based Preference Visas: May 2019
Are you seeking to adjust your status and become a U.S. permanent resident under a family-sponsored or employment-based preference immigrant visa? If you have not yet had a relative or employer file an immigrant visa petition on your behalf, please learn more about the Adjustment of Status Filing Process.
Update to Form I-601A - USCIS
USCIS recently updated the following form.
Arrival/Departure Forms: I-94 and I-94W
Foreign visitors to the U.S.
AAO Processing Times (October - December 2018)
In January 2017, the Administrative Appeals Office (AAO) modified how it presents processing time information. Previously, the AAO reported, by form type, the average completion time for the month’s cases. But certain scenarios (such as a month with few completions in certain categories) could result in an imprecise portrayal of processing times.
Agency
Immigration Law
FY 2011 H-1B Cap Count (as of December 17, 2010)
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The H-1B Program U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields, such as scientists, engineers, or computer programmers. For more information about the H-1B program, see the link to the left under temporary workers for H-1B Specialty Occupations, DOD Cooperative Research and Development Project Workers, and Fashion Models. |
PERM Processing Times
PERM Processing Times as of 11/30/2010.
L-1 visa from an affiliate
Question details
I worked as Dept. Director at a Spanish Hotel from Jan 08-Jul 09. My employment was in the Hotel full-time, but was hired/paid through a consulting firm they employed (and still employ) to manage the operations of that department. I have now been offered a position (Dec 2010) in a similar Managerial/Director job within the Hotel's parent company in the USA but I have not got a US work permit, (I am Spanish). Can I qualify for the L1-blanket visa of the Company, based on my history with their consultant? Do I need to be employed by Hotel in Spain again prior to applying for the L1 visa?
Interesting situation. Not having researched this issue, I am guessing, the only way you can qualify for the L-1 is if you can establish that the hotel in Spain was your "true" employer in that they controlled you, even though your salary was paid by the consulting company.
Marriage in India or in US
Question details
I am in US on a H1B and I am having my wedding in India (with a US citizen) in the last week of Dec. I have to go for my stamping when I am in India. Since there is a lot of apprehensions about H1B stamping these days, could you please suggest what is the best way to go here. Would doing a court wedding in US before I go to India(and showing my marital status as married with US citizen)help in anyway - for getting H1B or for GC processing (if I have to do it from India in the worst case)? If my H1B gets rejected, can I go for H1B stamping using the approval notice from another company?
Having a US citizen spouse should neither hurt nor help your H-1 visa app. H-1B rejection does not mean you cannot apply for H-1 through another company.
ICE Issues Policy Guidance For SEVP-Certified Schools
ICE issues policy guidance for SEVP -certified schools.
For detail please check the attachment.
H1 Renewal Denial/I 94 expired
Question details
My H1 visa and I94 expired on 30th sept’10; we filed for a renewal but got an RFE in about 10 days for client letter. Replied to the RFE with client letter on October 29th, got visa denial on November 10th as client letter had project end date of 11/5. Current lawyer says I am ok to stay here 180 days from visa expiry, currently looking for new project with client letter to file for new H1 B visa and then go to India to get stamping and reenter. Am I ok to be here in the country or should I leave immediately? Will stamping and reentry be a problem? Is filing with the same company a good idea?
In my view that is bad legal advice. You are deportable the day your H-1 is denied. I advise our clients to make plans for leaving ASAP.
EB-2
Question details
I have a Masters in Biomedical Engineering and work in a company that implements eQMS for Biologics, Med Device and Pharma companies. I work as a Senior Consultant. If I apply for my GC, would it qualify for EB2? Also, once I start the application process, if I leave my employer and join another employer, would I have to restart the GC process from the new employer?
You COULD qualify for EB-2 depending upon your qualifications and the job requirements. If you leave before I-140 is approved, you may get nothing out of the process. But leaving after I-140 approval gets you your priority date to carry forward.
Reentering the US
Question details
I obtained my green card in 2004. I left US without obtaining a re-entry permit on July 2009 as I was out of job and found a job in India. Is it possible for me to get a re-entry permit to US? My wife is a US citizen, still working in US.
Unless you have an exceptional explanation for your year outside USA, you should just surrender your green card at the consulate and reapply. Reentry permit is not possible in your situation.
Can I change jobs and file PERM and I-140 under EB-2
Question details
Can I change jobs and file PERM and I-140 under EB2 instead prior EB3 with the new employer. How risky the situation is? I can stay with my current employer, but it is going to take at another 3 years to get my GC under EB3. My PD is Feb 2007.
Interview for green card
Question details
My mom has an interview for green card in January. I really need to know if she`ll get some kind of paper or stamp in her (expired) passport right away. We are moving to another state for good and I want to make sure she will be able to fly.
If this is an adjustment of status interview and she gets approved, they should stamp her passport. But she does need to renew her passport before the interview.