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Nonimmigrant Visas
Removal, Deportation and Exclusion
Petition for Amerasian, Widow(er), or Special Immigrant - USCIS Form Update
Updated USCIS form(s):
Petition for Amerasian, Widow(er), or Special Immigrant06/09/2020 09:15 AM EDTStarting Jan 4, 2021, USCIS will only accept the 06/09/20 edition. Until then, you can use the 04/12/18 and 12/23/16 editions. You can find the edition date at the bottom of the page on the form and instructions.For more information, please visit Forms Updates page.
PERM Processing Times (as of 10/31/2020)
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | May 2020 |
| Audit Review | December 2019 |
| Reconsideration Request to the CO | July 2020 |
Agency
Green Card
Immigration Law
PERM Processing Times (as of 10/31/2020)
These dates reflect the month and year in which cases were filed and are currently being adjudicated. The Reconsideration Request to the CO date reflects the month and year in which cases that are currently being reviewed were appealed.
Please visit this page for PERM Processing Times (as of 10/31/2020)
Rajiv's News Clips - Indian nationals in Green Card queue to benefit from Biden administration - Economic Times
Published by : The Economic Times - Date: November 09, 2020
Quotes and Excerpts from Rajiv on the article:
“On the green card side, Mr Biden has expressly stated that he wants to remove the percountry quota. This change can also be introduced relatively quickly and the benefits could manifest within a year potentially,” said Rajiv S Khanna, Managing Attorney at immigration.com.
For more details please see the attachment below.
Nov 5, 2020 Recording of Free Community Conference Call (Every Other Thursday)
Citizenship and Naturalization
Nonimmigrant Visas
Topics Discussed: Green card and other options for parents of US citizens || Porting priority date || L-1A to EB-1 || File new H1b with I 797B || Travel outside US with 485 pending || Downgrading to EB-3 with concurrent filing for I-485
USCIS Announces a Revised Naturalization Civics Test
Release Date 11/13/2020
WASHINGTON — U.S. Citizenship and Immigration Services announced today plans to implement a revised version of the naturalization civics test. The agency first announced plans to revise the civics test in July 2019.
USCIS Updates Policy Manual Guidance on the Child Status Protection Act (CSPA)
Release Date 11/13/2020
USCIS is clarifying existing guidance on the Child Status Protection Act (CSPA) in the USCIS Policy Manual to address:
USCIS Updates Policy Guidance Regarding Discretionary Factors for Adjustment of Status Applications
Release Date 11/17/2020
U.S. Citizenship and Immigration Services is updating existing policy guidance in the USCIS Policy Manual regarding the exercise of the secretary of the Department of Homeland Security’s discretion in adjudications of adjustment of status applications.
DHS Proposes to Limit Work Permits for Aliens with Final Orders of Removal
Release Date 11/17/2020
Rule will encourage these aliens to depart the country
USCIS Updates Policy Guidance on Naturalization Applicants Who Did Not Properly Obtain Lawful Permanent Resident Status
Release Date 11/18/2020
On Nov. 18, U.S. Citizenship and Immigration Services updated policy guidance in the USCIS Policy Manual to clarify the circumstances when USCIS would find applicants ineligible for naturalization because they were not lawfully admitted for permanent residence.
USCIS Reaches H-2B Cap for First Half of FY 2021
Release Date 11/18/2020
U.S. Citizenship and Immigration Services has received enough petitions to reach the congressionally mandated cap on H-2B visas for temporary nonagricultural workers for the first half of fiscal year 2021. Nov. 16 was the final receipt date for new cap-subject H-2B worker petitions requesting an employment start date before April 1, 2021. USCIS will reject new cap-subject H-2B petitions received after Nov. 16, that request an employment start date before April 1, 2021.
DHS Extends Form I-9 Requirement Flexibility (11/18/20)
The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced an extension of the flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification, due to COVID-19.
Nov 19, 2020 Recording of Free Community Conference Call (Every Other Thursday)
Immigration Law
Green Card
Discussion Topics, Thursday, 19 November 2020:
EB-1C eligibility after company transition while pending I-485 and L-1A extension || Post completion OPT and employment issues || Canadian citizen applying for TN visa during presidential proclamation ||Sharing misdemeanor details of spouse while filing for green card || Document Checklist for I-485 Adjust of Status || Consular processing and green card when priority date is current||Transition from F-1 to H-1B || H-1B Visa expiring, extension and delay due to wage rate increment || I-485 filing and issues related to primary and derivative applicant || How long for an interview after the priority date becomes current || H-1B visa potential immigration issues for being outside the USA for more than a year during pandemic || Laid off due to Covid and the effect on adjudication of STEM OPT visa || AC21 portability, I-140 and starting a new venture || 221g administrative processing and H-1B visa stamping || Presidential Proclamation and H-1B visa stamping || Change of status from J-1 to F-1 Visa and Biometrics || Understanding the Visa Bulletin || H-1B and prevailing wage levels || Employment Authorization in compelling situations
Visa Bulletin - December 2020
Number 48
Volume X
Washington, D.C
A. STATUTORY NUMBERS
This bulletin summarizes the availability of immigrant numbers during December for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.
Agency
Green Card
Immigration Law
AAO Processing Times
AAO Processing Times as of April 1, 2012.
USCIS Provides Third Gender Option on Form N-400
Release Date:
04/01/2024
USCIS has revised Form N-400, Application for Naturalization, to provide a third gender option, “X,” defined as “Another Gender Identity.” USCIS is also updating guidance in the USCIS Policy Manual accordingly to account for this form revision and other forthcoming form revisions that will add a third gender option; see the Policy Alert (PDF, 344.77 KB).
Notice of FY 2025 H-1B Cap Initial Registration Selection Process Completion and Cap Season Reminders
Release Date:
04/01/2024
H-1B Initial Electronic Registration Selection Process Completed
USCIS Forms Update Notice
USCIS recently updated the following form(s):
Form I-929, Petition for Qualifying Family Member of a U-1 Nonimmigrant
04/01/2024 06:16 PM EDT
March 30, 2024, Rajiv in QnA session on behalf of students, young professionals
Immigration.com
Nonimmigrant Visas
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
USCIS Announces New Guidance on Form I-693 Validity Period
Release Date:
04/04/2024
U.S. Citizenship and Immigration Services today announced (PDF, 317.28 KB) that any Form I-693, Report of Immigration Medical Examination and Vaccination Record, that was properly completed and signed by a civil surgeon on or after Nov. 1, 2023, does not expire and can be used indefinitely as evidence to show that the applicant is not inadmissible on health-related grounds.
Staying outside the US on Re-Entry Permit Validity, Usage, and Multiple Entries for Green Card Holders
Background Context
Applied for I131, ReEntry Permit for my parents, who hold GC
Receipt Notice: 12/27/2022
Biometrics: Jan 2023
Left US: March 1, 2023
Approval Notice received: 03/07/2024 with validity from 02/29/2024 to 02/27/2026
Question
While the intention is to be back in the US as soon as possible, can parents stay outside US till 02/27/2026 or do they need to be back before Feb 25, 2025 (as it would be two years by then since they left)?
Can the re-entry permit be used for multiple entries, or is it just for one-time use?
One can stay outside the US for the entire validity period of the re-entry permit, and yes, they can use it for multiple entries during that time.
Unemployment Benefits for H-1, H-4 + EAD Holders with Previous H-1B Employment
Can someone in H4 + EAD status receive unemployment benefits if they only worked on H1b status? Would receiving such benefits be considered a public charge or have any other negative impact down the road?
Unemployment benefits in the US vary by state and can be complex. If you are an H1B visa holder who has been laid off, you may be eligible for benefits during your 60-day grace period, but it's important to confirm with your state's unemployment office. Regardless of your visa situation, it's important to remember that unemployment benefits are considered an earned benefit funded by your employer's contributions, so there's no public charge concern. Always check with your state's unemployment office for specific requirements and the application process.