Recording for December 05, 2024 Conference Call with Rajiv S. Khanna
Citizenship and Naturalization
Nonimmigrant Visas
Topics Discussed:
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Visa Bulletin For January 2025
Number 97
Volume X
Washington, D.C
A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS
This bulletin summarizes the availability of immigrant numbers during January 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
USCIS Revised Form I-485, Application to Register Permanent Residence or Adjust Status
Release Date
12/10/2024
On Dec. 10, 2024, USCIS published a new edition of Form I-485, Application to Register Permanent Resident or Adjust Status, which includes updates to questions and instructions. Starting Feb. 10, 2025, USCIS will accept only the 10/24/24 edition of Form I-485 and will reject any older editions of Form I-485.
The new edition of Form I-485 features these major changes:
USCIS Forms Update Notice
Recently USCIS updated the following form(s):
12/09/2024 01:22 PM EST
Edition Date: 12/09/24. You can find the edition date at the bottom of the page of Form G-1055, Fee Schedule.
10/24/2024 10:06 AM EDT
DHS Strengthens H-1B Program, Allowing U.S. Employers to More Quickly Fill Critical Jobs
Release Date
12/17/2024
Rule will provide greater benefits and flexibilities for U.S. employers and specialty occupation workers, helping to meet U.S. labor needs
Green card process for STEM OPT candidates: Timing for concurrent H-1B and GC filing, employer strategies, and impact of client/location changes
Question details
I am in my first year of STEM OPT. My employer verbally committed to filing a cap-exempt H1B in 2026 so that I can get the H1B right about the time my STEM OPT expires.
If my boss is willing, can he:
Start my GC filing in 2025 before filing h1b in 2026 to save some time for my GC process. Or should I wait to get h1b first till 2026 and then start GC after that? Or file for GC concurrently with H-1B in 2026?
FAQ Transcript
You can start the green card process before filing for H-1B, as they are separate. It's advisable to start the green card as early as possible rather than wait. For green card filing involving different locations, you can file either as a transferable job through the company headquarters or for a future job at the intended location. Always consult a lawyer for advice.
Can I change employers and transfer my H-1B after revocation, or do I need to re-enter the lottery?
Question details
I got my H1B Approved (I have I-797B) through Consular Processing by Company A this year. After a few months, I got laid off from Company A and they Revoked my H1B petition (after Oct 1). I have not yet activated my H1B status (currently on STEM OPT EAD). The Immigration team at Company A said that I could do the Change of Status with Regular H1B Transfer from new employer. (As I would be considered Cap Exempt Individual with I-797B).
Can I know if I need to re-enter the lottery again or if it is possible to file a new H1B petition and change it to Company B?
FAQ Transcript
If your H-1B was approved but not activated (e.g., through change of status or visa stamping), you likely need to re-enter the lottery if it’s revoked. However, if the H-1B was activated (e.g., you worked on it), revocation doesn’t usually require re-entering the lottery, though you may need to refile through a new employer. Always consult an attorney for specifics.
Impact of H-1B automatic revocation on future sponsorship and job change: What does 'Case Was Automatically Revoked' mean?
Question details
I was on H1B (shows automatically revoked), then switched to B2, then switched to F1 (current status) without leaving the US.
1 - Will automatic revocation of H1B cause any issues? Is it simply because the employer has submitted a withdrawal after terminating my role?
2 - When I find a new job that sponsors, will the revoked H1B cause any issues? I have only used 4 months of my initial H1B. It will be a switch from F1 to H1B if everything works out.
Just wanted to clarify what "Case Was Automatically Revoked" means; revoked - sounds a bit concerning. My role was terminated.
FAQ Transcript
If your H-1B was automatically revoked after activation (i.e., you were already on H-1B status), it typically won’t affect future sponsorships or job changes. However, if it was revoked before activation, issues may arise, and it’s recommended to re-enter the lottery to ensure eligibility.
Applying for a second H-1B transfer after the 60-day grace period while a first transfer is pending
Question details
Q1: My brother was recently laid off from his current company. Let's say he applied for an H1B transfer within 60 days (grace period) with Company-A, and it’s still in process. Then, after 60 days, can he apply for an H1B transfer with Company-B (better opportunity)?
Q2: To follow up on the above scenario, if his H-1B is denied (company-A), how much time does he have to leave the country?
Q3: He was notified about his last day as Oct 30th. Does his 60-day grace period end on Dec 30th? Or is it 60 working days?
*Note: His current company said they have not revoked the H-1B.
FAQ Transcript
If someone applies for an H-1B transfer within the 60-day grace period and later applies for another transfer after 60 days, they can file multiple petitions. However, for approval to continue working in the U.S., the first petition (filed within the grace period) must be approved. Otherwise, they may need to leave the U.S. for visa stamping.
The 60-day grace period starts the day after the last fully covered pay period, not the paycheck date, and it consists of calendar days, not working days.
USCIS Updates Guidance on Case Assistance and Feedback
Release Date
12/18/2024
U.S. Citizenship and Immigration Services today announced that it is updating Volume 1, Part A, of the USCIS Policy Manual to reflect the available avenues for case assistance or feedback.
Specifically, the update:
Rajiv's Comments in the News - H-1B modernisation rule: Flexibility in defining eligible occupations but stricter site-visit norms
Published by: The Times of India - Nov 18, 2024
https://tinyurl.com/bd62mfc2
Quotes and Excerpts from Rajiv in the article:
Recording for December 19, 2024 Conference Call with Rajiv S. Khanna
Nonimmigrant Visas
Green Card
Topics Discussed:
USCIS Updates Guidance on Flexibilities Available During and After Emergencies or Unforeseen Circumstances
U.S. Citizenship and Immigration Services is updating the Policy Manual to clarify flexibilities that may be available to benefit requestors during and after an emergency or unforeseen circumstance.
DOS Issues Cable With Guidance On B-1 In Lieu Of H1-B And H3 Visas
The guidance for issuing B-1 visas in lieu of H is currently under review bur remains in effect until further notice. In order to avoid delays at the port of entry, consular officers are to annotate the B-1 visa with “B in lieu of H, 9 FAM 41.31 N11.”
Assistant Secretary Anne C. Richard to Review Refugee Resettlement Programs in Ohio and Pennsylvania
Media Note
Office of the Spokesperson Washington, DC
June 26, 2012
Assistant Secretary for the Bureau of Population, Refugees, and Migration Anne C. Richard will travel from June 26-29, 2012, to Cleveland, Ohio and Pittsburgh, Pennsylvania to meet with resettled refugees, local and state government officials, resettlement agencies and other community members involved in the resettlement of refugees.
PERM Processing Times (as of 6/11/2012)
According to DOL updates as of 6/11/2012, they are working on PERM application filed in the following months:
Analyst Reviews: April 2012
Audits: December 2011
Reconsideration Requests to the CO: June 2011
Gov’t Error Reconsiderations: Current
Green Card
Immigration Law
PERM Processing Times (as of 11/26/2024)
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | August 2023 |
| Audit Review | December 2022 |
| Reconsideration Request to the CO | April 2024 |
Green Card
Immigration Law
Updated PERM Statistics Released
The U.S. Department of Labor has released PERM statistics for the first eight months of the fiscal year that began last October. Of the 43,100 applications it processed, 27,600 (64%) were certified, 83% were for H-1B and H-1B1 visas, 44% were for IT-related fields, and 55% were for applicants from India. The minimum education requirement was an advanced degree for 51% of those certified, and a bachelor degree for 39%. The Department certified more applications in the last two months than in either of the prior three-month periods.
Israeli Investors Eligible for E-2 Investor Visas
Israeli investors will soon be able to apply for the E-2 visa, which allows holders to live and work in the U.S. for an extended period of time while overseeing a major investment in the United States. Legislation to allow Israelis to apply for these visas was approved in Congress in May 31 and signed by the President this month. The legislation requires that similarly situated United States nationals must be eligible for similar nonimmigrant status in Israel. Therefore, visa applications will be accepted once Israel confirms that it will issue similar visas to U.S. citizens.
Options after H-1 Quota is Over