Temporary Protected Status Designated for the Syrian Arab Republic
Eligible Syrian nationals in the United States may begin the application process
Eligible Syrian nationals in the United States may begin the application process
[Federal Register Volume 77, Number 61 (Thursday, March 29, 2012)]
[Rules and Regulations]
[Pages 18907-18914]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-7569]
Federal Register / Vol. 77, No. 61 / Thursday, March 29, 2012 / Rules
and Regulations
[[Page 18907]]
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DEPARTMENT OF STATE
22 CFR Parts 22 and 42
[Public Notice 7835]
RIN 1400-AD06
Effective April 13, 2012, the Department of State will adjust visa processing fees. The fees for most nonimmigrant visa applications and Border Crossing Cards will increase, while all immigrant visa processing fees will decrease.
The current prediction that the priority dates for employment based green card applications are likely to retrogress again has brought a lot of speculation and questions from our clients and our community. Let me clarify some of the questions and concerns.
Q. What happens if my priority date ('PD') retrogresses while my I-485 is still pending?
"Having these three organizations to intervene in the case is a good development for students,” says Rajiv Khanna, Managing Attorney at Immigration.com.
At present I am working in OPT ( expires in June 2020). I have an unused stamped H1B visa which I got in August’ 2013 and my visa stamped in my passport on August,2014. However I never traveled/ worked with this H1B visa and expired in October’2016 without using or entry. I came to USA in January’2016 in F1 Visa. My question is can I use this unused stamped visa for cap exempt as transfer of employer from F1 visa to H1B visa now? or do I need to apply in Master’s cap next year.
In your case if we counted from six years from August 2013 when your H-1B was approved, you are then okay or cap exempt till August 2019. But again, the policy has been that they count the six years from the date your H-1B expired which is 2014 not 2013. Policies can change overnight so I think you can apply for an H-1B exemption as an H-1B exempt worker.
I have PERM approved and I-140 filed in regular processing by my current employer "A". I have got an opportunity from employer "B" and then told they will process my GC as fresh application. I have 17 months left on my H-1B visa.
1. In pending approval of I-140. will I get the extension of 3 years from USCIS when employer "B" initiate the transfer ? OR Will I get the H-1B transfer extension till max out ?
2. Is it recommendable to switch now in between of pending approval process of I-140?
3. Will leaving in between of pending process impact me in future when employer "B" files my GC once again ?
Under the current laws, if you change jobs after I-140 approval you keep your priority date, but you lose your right to H-1 extensions beyond what is given if your old employer revokes/withdraws the I-140.
Now answering your questions
Answer 1.No, you will get an H-1B extension for the time remaining and you can actually claim one year extra if your PERM was filed more than a year ago. But you will get only three years if the I-140 is approved. Not if it is pending.
Answer 2. I don't recommend it. I think you should get your I-140 premiums, get it approved and then leave if you want to.
Answer 3. I don't think that is a major issue, but do talk to your lawyers. Hence it makes sense in my view not to change until the I-140 is approved.
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.