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STEM OPT Employed with Startups - A Special Case

1 year ago By Rajiv S. Khanna

For international students on an F-1 visa in the United States, the STEM OPT extension program provides an opportunity to gain valuable work experience after graduation while extending their stay in the US for a chance of an H-1B lottery win. Concomitantly, the program is invaluable for US employers in facilitating access to well-qualified workers, most with graduate degrees.

USCIS Issues Policy Guidance on “Ability to Pay” Requirement When Adjustment of Status Applicants Change Employers

1 year ago By Chief Editor

Release Date 

01/05/2024

U.S. Citizenship and Immigration Services today issued policy guidance (PDF, 322.3 KB) on how USCIS analyzes an employer’s ability to pay the proffered wage for immigrant petitions in certain first, second, and third preference employment-based immigrant visa classifications, including instances when the sponsored worker is changing employers. 

Recording for January 4, 2024 Conference Call with Rajiv S. Khanna

1 year ago By Chief Editor

Nonimmigrant Visas

Green Card

Discussion Topics, Thursday, January 04, 2024

FAQ: Holding two full-time IT jobs on H-4 EAD || Transitions From H-1B job loss to B-2 status and impact on future H-1B employment || NIW Criteria || H-1B laid off: grace period, last employment date, health insurance, and legal stay during change of employer

Updated USCIS Forms

1 year ago By Chief Editor

USCIS recently updated the following form(s):

Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA)

08/31/2021 10:46 AM EDT

Edition Date: 08/31/21 E. USCIS will also accept the 08/31/21 edition. You can find the edition date at the bottom of the page on the form and instructions.

Form I-690, Application for Waiver of Grounds of Inadmissibility Under Sections 245A or 210 of the Immigration and Nationality Act

Visa Bulletin For February 2024

1 year ago By Chief Editor

Number 86

Volume X

Washington, D.C

View as Printer Friendly PDF

A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS

This bulletin summarizes the availability of immigrant numbers during February 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 to Launch Organizational Accounts, Enabling Online Collaboration and Submission of H-1B Registrations

1 year ago By Chief Editor

Release Date 

01/12/2024

Will Also Introduce Online Filing for I-129 H-1B Petitions and H-1B I-907 Premium Processing Service 

WASHINGTON—U.S. Citizenship and Immigration Services today announced the upcoming launch of a package of customer experience improvements for H-1B cap season. The measures are expected to increase efficiency and ease collaboration for organizations and their legal representatives.

Recording for January 18, 2024 Conference Call with Rajiv S. Khanna

1 year ago By Chief Editor

Nonimmigrant Visas

Green Card

Discussion Topics:

FAQ: H-1B lay off 60 days grace, options including B-1/B-2, approved I-140, Severance pay || Optimizing H-4 EAD options and bundling premium processing for H-1B and H-4 extensions || Implications of visa fraud by an employer on H-1B, L-1, green card, citizenship || Advantages of a National Interest Waiver, transitioning to EB-1, entrepreneurship, and H-4 employment for spouse

USCIS Forms Update Notice

1 year ago By Chief Editor

Recently updated USCIS forms:

Form I-942, Request for Reduced Fee

12/20/2023 12:51 PM EST

Edition Date: 12/20/23. Starting March 25, USCIS will only accept the 12/20/23 edition. Until then, you can also use the 12/02/21 and 02/13/19 editions. You can find the edition date at the bottom of the page on the form and instructions.

Form I-881, Application for Suspension of Deportation or Special Rule Cancellation of Removal (Pursuant to Section 203 of Public Law 105-100 (NACARA))

USCIS Updates Guidance on Untimely Filed Extension of Stay and Change of Status Requests

1 year ago By Chief Editor

Release Date 

01/24/2024

U.S. Citizenship and Immigration Services today announced an update to its Policy Manual providing that USCIS, in discretion and under certain conditions, may excuse a nonimmigrant’s failure to timely file an extension of stay or change of status request if the delay was due to extraordinary circumstances beyond the control of the applicant or petitioner.

USCIS Issues Final Rule to Adjust Certain Immigration and Naturalization Fees

1 year ago By Chief Editor

Release Date 

01/30/2024

WASHINGTON – Today, U.S. Citizenship and Immigration Services (USCIS) published a final rule to adjust certain immigration and naturalization benefit request fees for the first time since 2016. The final rule will allow USCIS to recover a greater share of its operating costs and support more timely processing of new applications.

N-400 Interview Experience

12 years ago By Editor

Yesterday myself and my wife oath was completed. I had my interview on 18 Sept @ 2:30 but I didn't received the oath letter since it was too late. My wife got a call from Atlanta USCIS this Monday and was called for the oath ceremony on Wednesday. My wife requested them to have oath with me. USCIA call us again on Wednesday morning and scheduled oath for both of us on Thursday @ 1:30 PM. I never received the oath letter in mail.

Citizenship and Naturalization

USCIS - Forms N-648 and I-407 Updated

1 year ago By Chief Editor

USCIS recently updated the following forms:

Form N-648, Medical Certification for Disability Exceptions

09/25/2024 12:11 PM EDT

Edition Date: 09/25/24. Starting Jan. 6, 2025, USCIS will accept only the 09/25/24 edition. Until then, you can also use the 08/19/22 edition. You can find the edition date at the bottom of the page on the form and instructions.

Form I-407, Record of Abandonment of Lawful Permanent Resident Status

09/25/2024 10:40 AM EDT

GC approval before AC21 Supplement J could be filed

1 year ago By Chief Editor
Question details

My I-485 was pending for 9 months (concurrent filing), and I worked all these years (4 years) with my sponsoring employer. My I-140 was approved 4 months ago, and I received EAD and AP as well. At the end of 8 months, I resigned from my employer to take advantage of AC21 (moving to a similar position) and was on notice period. My new employer was ready to file I-485J when asked by USCIS. During my last working week with my sponsoring employer, my 485 got approved, and I received my GC. Can you please advise on what kind of documentation I need to get from my new employer to help with any future naturalization process since I can't file I-485J as my case has been approved?

FAQ Transcript

To ensure compliance and maintain proper documentation, I recommend gathering your proof of employment with the sponsoring employer when your green card was approved. It's important to request written confirmation from your new employer showing they were prepared to file Supplement J before your transition. Keep any prepared  Form I-485 Supplement J documentation, even if it wasn't filed due to the timing of your green card approval. Additionally, maintain detailed job descriptions from both positions to demonstrate they were "same or similar" positions as required by immigration law. Store all these documents securely for the long term, as you may need them during the naturalization process to verify compliance. This documentation will help protect you and demonstrate that you followed proper procedures during your employment transition, even though the green card approval occurred before Form I-485 Supplement J could be filed.

H-1B grace period eligibility after second layoff and B-1/B-2 visa options for job search

1 year ago By Chief Editor
Question details

I got laid off on H1B in my previous company but found and started a job in a new company within a 60-day grace period. Again, the current company has provided a notice period for layoff. Will I get a 60-day grace period again this time?

How easy it is to get a B1/B2 to find a job after a layoff.

 

FAQ Transcript

If you experience a layoff while on H-1B status, you receive a 60-day grace period. If you secure a new H-1B approval and face another layoff, you'll receive a fresh 60-day grace period. This applies to H-1B transfers and extensions. As for obtaining a B-1/B-2 visa for job searching after a layoff, while there's no official measure of difficulty, the approval rates appear to be consistently positive, with no reported denials.

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