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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.
H-1B lottery layoff before start, Automatic status change, Multiple filings, and Traveling
Case: Picked for H1B lottery.
- What happens if the company lays off after June but before October 1? Would I stay on my current visa status? Or will I be on H1B but with a 60-day timeline to find the next job?
- Does the status automatically change to H1B on Oct 1? or does immigration require paystubs for a couple of weeks to prove our employment?
- If I file the petition with two companies separately, how will immigration decide which one to approve? Will they approve both?
- Are there any travel restrictions from June to Sept
In this scenario, you won't be on H-1B status with a 60-day grace period to find a new job.
Layoff during Self-NIW application, changing jobs with NIW not yet filed, pending or approved
I started the self-NIW application while working with employer A, but for some reason, I could not file the petition. Later I got laid off from employer A and now I'm working with employer B.
I want to restart the NIW application. Questions:
1. Since I got laid off with employer A, will that be a challenge/red flag in my petition?
2. It's only been one month with employee B. Shall I wait some time at company B to restart my NIW application? or doesn't it matter?
Answer 1. Being laid off is not a challenge/red flag.
Answer 2. There's no reason it should be. You don't need to wait to restart the application. You can file it even though you've only been with employer B for a month.
What is Cap Gap Extension? How does it work?
1) Is H1B cap-exempt to H1B lottery-based considered a change of status?
2) If I currently have an H1B cap-exempt visa and am filing for an H1B petition in June, when can I not travel outside of the US - from now to June, June to Petition Approval, or from Petition Approval to Oct ? My current H1B visa would be valid until Nov.
Yes, potentially. It allows you to work while your STEM OPT expires (April 30th in your case), and your H-1B petition is pending, extending your work authorization until October 1st.
USCIS Celebrates National Teacher Week
U.S. Citizenship and Immigration Services (USCIS) has a collection of helpful resources and free study materials to help educators who teach adult citizenship education classes. Visit the USCIS Citizenship Resource Center to help find materials that can help you build curriculum and supplement classroom study materials.
USCIS Celebrates Its Employees During Public Service Recognition Week
Release Date
05/06/2024
WASHINGTON — U.S. Citizenship and Immigration Services is honoring its dedicated workforce during Public Service Recognition Week (PSRW) 2024. Celebrated annually during the first full week in May since 1985, PSRW is a time set aside to honor those who serve the nation as federal, state, county, and local government employees.
USCIS Forms Update Notice - Form I-941, Application for Entrepreneur Parole
USCIS recently updated the following USCIS form(s):
Form I-941, Application for Entrepreneur Parole
05/06/2024 09:40 AM EDT
Edition Date: 05/06/24. Starting July 8, USCIS will accept only the 05/06/24 edition. Until then, you can also use the 04/01/24 and 07/21/22 editions. You can find the edition date at the bottom of the page on the form and instructions.
For more information, please visit the Forms Updates page.
Guestbook Entry for Great team!, United States
Centralized Intake Processing of VAWA Self-Petitions and Related Filings at the Nebraska Service Center
Release Date
05/07/2024
Effective April 1, 2024, USCIS centralized the intake process of Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, and related filings under the Violence Against Women Act (VAWA) for self-petitioning abused spouses, children, and parents at the Nebraska Service Center.