Starting May 26, 2015, U.S. Citizenship and Immigration Services (USCIS) will temporarily suspend premium processing for all H-1B Extension of Stay petitions until July 27, 2015. During this time frame, petitioners will not be able to file Form I-907, Request for Premium Processing Service, for a Form I-129, Petition for a Nonimmigrant Worker, requesting an extension of the stay for an H-1B nonimmigrant. USCIS will continue to premium process H-1B Extension of Stay petitions filed with Form I-907 premium requests prior to May 26, 2015.
FAQ: US Citizen applying for Green Card for visiting family member (spouse/parents); Birth and Marriage Certificate Issues; FAQ: Getting nanny/domestic help from India; FAQ: After getting Green Card - how long do you have to stay with your employer.
On April 9, 2015, USCIS’ Administrative Appeal Office (AAO) issued a precedent decision, Matter of Simeio Solutions, LLC, which held that employers must file amended H-1B petitions when a new Labor Condition Application for Nonimmigrant Workers (LCA) is required due to a change in the H-1B worker’s worksite location. Specifically, the decision stated:
My Year 2004's Pakistan Visit Experience:
Applied for my H1B stamp
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1. I came to Pakistan in June 15, 2004 with I-797 H1B approval notice
2. Applied for US visa stamp within a week or two
3. Got my passport back with interview req. after 2 weeks of application
4. Went the following day and showed them the following documents
a. I-797 H1B approval notice
b. Job Letter
c. Two recent paystubs
5. I was asked briefly about my job duties and was told that I'll get my passport back after security clearance
I would like to share my latest H1B visa stamping experience Islambad. My brief background: I came to US first in Aug 2004 on F1 visa with my wife and kid on F2 visas. We visited Pakistan in Jun 2006 while on F1. My H1B status started in Oct 2007. We came to Pakistan in last week of December 2008 and needed to obtain H1B visas to return back to USA. We got our appointment for Jan 9, 2009. VO asked few general questions related to job etc. and examined my original educational documents, letter from my employer, my tax returns and my salary slips.
We filed an H-1 application for a Bonsai Nursery/Facility Manager. USCIS issued a Request for Evidence (RFE) challenging whether or not a specific Bachelor’s level education is required for this position. We filed a detailed response, with voluminous evidence the specialized nature of the job. We urged USCIS to consider the merits of the job description and what it would take to perform the job. We argued job titles alone are not dispositive of the nature of a job.
USCIS approved the application.
FAQ: H-4 EAD filing while H-1 extension is pending; H-4 EAD. Converting from H-1 to H-4 EAD - good idea or not? H-4 EAD. Documents needed; name issues; processing times, etc.; H-4 EAD Expediting Possible?
Other Topics: Green card issues because of diseases; H-1 amendment with change of location; when is a degree considered to be completed;
I encourage you to sign a petition I have drafted at the request of our community urging the Obama Administration to reinstate reissuance of nonimmigrant visas (including work visas like H-1, student visas like F-1, and family visas) within the USA, a practice that was discontinued in 2004. If the petition receives 100,000 on-line signatures by February 23, the Administration will review it, send it to the appropriate policy experts in the administration, and issue an official response. Signing the petition takes only a few minutes.