March 24, 2022, Immigration QnA with Yudi on behalf of students and young professionals
SUBSCRIBE to Immigration.com YouTube Channel for further updates - http://www.youtube.com/immigrationdotcom
SUBSCRIBE to Immigration.com YouTube Channel for further updates - http://www.youtube.com/immigrationdotcom
Discussion Topics, Thursday, March 31, 2022:
FAQ: Impact of criminal misdemeanor case on an F-1 or any status || Protecting immigration status: Traveling with advance parole, divorce proceedings and an entrepreneur on H-1B visa
We assisted our client in filing an E-2 change of status application for treaty investor. USCIS issued an RFE requesting information to determine if petitioner met the general requirements for E-2 Treaty Investor, without specifying in the RFE which specific information was missing. The RFE also requested information about a prior filed EB-5 petition, and questioned whether the client was maintaining current nonimmigrant status.
We assisted our client, a nonprofit religious organization, in filing a nonimmigrant religious worker (R-1) petition for a new pastor. We received a Request for Evidence (RFE) in which USCIS questioned the petitioner's ability to compensate the beneficiary. We responded with additional documentation supporting Petitioner’s ability to pay and its nonprofit status, such as bank statements and a final determination letter granting tax-exempt status as issued by the IRS. The case was approved.
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | September 2021 |
| Audit Review | July 2021 |
| Reconsideration Request to the CO | October 2021 |
| Form Type | Case Type | Completed 0-180 Days | Quarterly Completions |
|---|---|---|---|
| Cumulative total of all completions | 64.09% | 1227 | |
| I-129CW | Petition for CNMI Nonimmigrant Transitional Worker | 0% | 0 |
| I-129E2 | CNMI Treaty Investor | 100% | 7 |
| I-129F | Petition for Fiancée |
As part of the credit card payment pilot program, the USCIS service centers are now accepting credit card payments using Form G-1450, Authorization for Credit Card Transactions, for most forms. The goal of this pilot is to bring USCIS one step closer to accepting digital payments using a credit card at all service centers.
Release Date
04/07/2022
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today announced a policy update to adopt a risk-based approach when waiving interviews for conditional permanent residents (CPR) who have filed a petition to remove the conditions on their permanent resident status.
FAQ: Student working without authorization
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
Release Date
04/12/2022
WASHINGTON— U.S. Citizenship and Immigration Services announced today that individuals who previously received deferred action under Deferred Action for Childhood Arrivals (DACA) may now file Form I-821D, Consideration of Deferred Action for Childhood Arrivals, online.
Number 65
Volume X
Washington, D.C
A. STATUTORY NUMBERS
This bulletin summarizes the availability of immigrant numbers during May 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.
Discussion Topics, Thursday, April 14, 2022:
FAQ: GC-EAD applicant holding multiple jobs and starting own business
Question: I have a visitor visa for the USA for multiple visits up to June-2023. Can I apply for an extension of the visa before the expiry date? Also, advise procedure for extensions and where I can get the application form, so I can keep all details ready.
Answer: I am not aware if there is a procedure to apply for a visitor visa extension before expiration. You can send an email to the consulate to confirm. There is, however, a restriction under the consular standard operating procedures on holding concurrently valid visas of the same type.
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
Immigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
YouTube: http://www.youtube.com/immigrationdotcom
Published by: The Economic Times - Date: April 28, 2022
Synopsis
A change of status means a change in your intention. For example, when you obtain a visa and enter the USA, you would have expressed to the US government your intention of a brief visit. The change in such intention can be construed to be deliberate and preconceived. If such preconception is deemed misleading, you could be barred from entering the US for ever.
For more on this article please see the attachment below.
Discussion Topics, Thursday, April 28, 2022:
I got my EB1A approved and am in the process of filing my I765 and I485 concurrently, since my date for EB1A is current, but unfortunately I got laid off now,so what is my option? Can I file a compelling Circumstances EAD and continue working once my Compelling circumstances EAD is approved and convert to GC EAD once GC EAD is approved? Or file a B2 visa and once GC EAD approval comes, can I work? Can kids go to school during my Compelling circumstances EAD approval after the grace period?
If you have an approved EB-1A and your priority date is current, you can file I-485 without needing a specific job, as long as you intend to continue working in your field. A Compelling Circumstances EAD is not an option since it is only available when dates are not current. Consult your lawyer, but you should be able to proceed with your I-485 filing.
1. If NIW I485 is rejected. Can we refile I485, or need to start a new NIW case from I-140 stage?
2. NIW I485 is rejected. If I refile the new NIW and it is approved, can the previous NIW's priority date be used for this new NIW's AOS?
3. How will the Trump administration affect NIW I485 cases? Would you suggest any precautions?
4. Can petitioner file multiple NIWs simultaneously with different endeavors?
If your NIW I-485 is rejected but your I-140 is still pending or approved, you can refile the I-485 without starting a new NIW case. However, consult your lawyer for any case-specific nuances.
If you file a new NIW and it gets approved, you can use the priority date from a previous NIW only if the prior I-140 was approved.
As for multiple NIW filings for different endeavors, it is theoretically possible but may weaken your case by making it appear unfocused.
We recommend that the H-1B lottery registration process should be planned and initiated now to ensure that it is ready to be submitted once the registrations open from noon Eastern on March 7, 2025 through noon Eastern on March 24, 2025. During this period, prospective petitioners and representatives must use a USCIS online account to register each beneficiary electronically for the selection process and pay the associated registration fee for each beneficiary.
FAQs:
1. Laid off on EAD from EB1A, can I start an UNRELATED teaching business?
2. Can I travel on Advance Parole?
3. Can I delay using an H-1B visa to utilize the STEM extension period?
4. H-1B specialty occupation for MS in UX Design (STEM)
Number 99
Volume X
Washington, D.C
A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS
This bulletin summarizes the availability of immigrant numbers during March 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.
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney