Discussion Topics, Thursday 13 July 2017:
FAQ: Evidence or documents created after the filing of a petition || H-4 EAD when an I-140 is revoked after 180 days || Can a green card be started on F-1 status? || New regulations, effect on layoff after I-140 approval || Reentry permit to preserve green card and extensions || I-94 given for a shorter duration at the airport than the petition approval date ||
Other: Deportation for crimes || Changing status after marriage in the USA || Revocation of I-140 after 180 days || Effect of minor violations on immigration status || Filing H-1 amendment, etc. || Removal of condition, Form I-751 || Multiple I-94 issued || Changing status when a change of status petition is pending || PERM - effect of variation in job description/requirements || Getting a copy of I-140 by filing FOIA with USCIS || Applying for change of status to H-1 || Calculating deadlines for RFE response falling on holidays || Changing status from H-1 to F-1, etc.
USCIS announced on July 19, that it has returned all fiscal year 2018 H-1B cap-subject petitions that were not selected in our computer-generated random selection process. USCIS previously announced on May 3, that it completed data entry of all selected cap-subject petitions.
U.S. Citizenship and Immigration Services (USCIS) will resume premium processing for certain cap-exempt H-1B petitions effective immediately. The H-1B visa has an annual cap of 65,000 visas each fiscal year. Additionally, there is an annual “master’s cap” of 20,000 petitions filed for beneficiaries with a U.S. master’s degree or higher.
Premium processing will resume for petitions that may be exempt from the cap if the H-1B petitioner is:
* An institution of higher education;
* A nonprofit related to or affiliated with an institution of higher education; or
Discussion Topics, Thursday 27 July 2017:
FAQ: Does H-4 require a prior USCIS approval for visa stamping? ||I-485 applicant holding multiple jobs on EAD
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.
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.