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
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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.
Guestbook Entry for sid sinha, United States
Name
sid sinha
Country
United States
State
NJ
VAWA Reauthorization Bill, S. 47
As stated by The New York Times, the House on Thursday gave final approval to a renewal of the Violence Against Women Act, sending a bipartisan Senate measure to President Obama after a House plan endorsed by conservatives was defeated.
To read more on this news story click here
Guestbook Entry for Irtaza, United States
Name
Irtaza
Country
United States
State
Viriginia
CIS Ombudsman Outlines Recommendations To Improve Process For Removal of Conditions for Spouses and Children
CIS Ombudsman outlines recommendations to improve process for removal of conditions for spouses and children.
To check the recommendation please read attached document.
EOIR Releases FY 2012 Statistical Year Book
EOIR FY2012 Statistical Year Book, which includes a compilation of figures and tables on individuals who have appeared before an immigration judge or the Board of Immigration Appeals.
Please check attached EOIR Year Book for FY 2012.
USCIS Introduces Provisional Waiver Application Process
Beginning March 4, certain immigrant visa applicants who are the spouses, children and parents of U.S. citizens (immediate relatives), and have been unlawfully present in the United States, can start applying for provisional unlawful presence waivers through a new process.
AAO Processing Times March 1, 2013
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AAO Processing Times as of March 1, 2013 |
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Time |
Case Type |
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I - 129 CW |
CNMI-Only Nonimmigrant Transitional Worker |
Current |
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I - 129 F |
Petition for Fiancee |
Current |
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I - 129 H1B |
Nonimmigrant Specialty Occupation Worker | ||
Agency
CBP Releases FAQ on Impacts to Travel & Trade during Sequestration
Frequently Asked Questions: Impacts to Travel and Trade during Sequestration
(03/02/2013)
What is sequestration?
CP interview in Delhi (India) - tips and recommendations
CP interview in Delhi (India) - tips and recommendations
went for my CP interview in Delhi and am writing my recommendations here. These were written for Delhi specifically, but general principles are same for all places. Add ur suggestions to make it complete.
going for CP interview involves:
1. Pre-travel arrangements
2. travel from US to India
3. Pre-interview work (on landing in India)
4. Interview
5. Post interview/travel back to US/port of entry
1. Pre-travel arrangements:
Green Card
Consular processing Interview at Montreal
Hi, I would like to share my experience of our interview in US consular in Montreal. Our appointment was schedule on June 20th 2011 at 8h30am. We arrived at the US consular at 8h00am and we got our interview only at 11h00am as there was a lot of peoples waiting in front of us. The interview went well. The typical questions are: How long have you been working? When did you apply for the visa? Confirmed the country of birth? How long have you been leaving in Canada? Confirmed your current address?
Green Card
Consular Proceesing Interview in Canada
My wife recently had her interview on June 6. the process was pain free except for one minor issue. she had become canadian citizen few days before and didnt have her canadian passport on her at the time of interview. Verbally the visa was approved but on the sheet handed to us, it said visa rejected due to Canadian Passport. We mailed the passport to the consulate the very next day and it was received by the consulate the next day. We are still awaiting a reply from the consulate and have been unable to contact the consulate via phone/email.
Green Card
E-Verify Employee Rights Toolkit
Please check attached "E-Verify Employee Rights Toolkit".