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U.S. Citizenship and Immigration Services today announced that certain parolees can now file Form I-765, Application for Employment Authorization, online.
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U.S. Citizenship and Immigration Services is extending certain COVID-19-related flexibilities through Oct. 23, 2022, to assist applicants, petitioners, and requestors. Under these flexibilities, USCIS considers a response received within 60 calendar days after the due date set forth in the following requests or notices before taking any action, if the request or notice was issued between March 1, 2020, and Oct. 23, 2022, inclusive:
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U.S. Citizenship and Immigration Services has published additional online resources on uscis.gov to provide an overview of some of the temporary and permanent pathways for noncitizens to work in the United States in the fields of science, technology, engineering, and math (STEM). This guide also highlights some of the most important considerations for STEM professionals who want to work in the United States.
New pages:
1. How often does it happen that an employment-based green card gets rejected or delayed just because the minimum job requirements were low?
2. What could be decent experience & education requirements for a job to successfully get an employment-based green card.
3. My current employer is filing my green card with minimum requirements of a bachelor's and 1~2 years of experience, but my current qualifications are a master's and 2~3 years of experience. So, is it worth finding a new job and employer where my green card can be filed based on my current higher qualifications?
1. It will get rejected not because the requirements were low, but because the requirements were so basic that there were many applications for it.
2. It depends upon the job. Difficult to answer this.
3. Here again the question is not so much what your qualifications are but what the job requires.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Q1. If I change my employer while my H-1B COS is filed but not yet approved, then can I keep using my OPT and STEM with my new employer, or I will lose both OPT & H-1B, and will be out of status?
Q2. If my H-1B COS is denied, then can I keep using my OPT and STEM, or I will lose both OPT & H-1B, and will be out of status?
Q3. How often does it happen that H-1B COS, transfer, and renewal get denied? And what could be possible reasons for denial?
1. You can double check with your DSO about the technical issues involved.
2. You have to go back to your DSO and tell them you would like to continue on OPT STEM.
3. All the time.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
My master's degree was officially completed after joining my current company, but I had already earned 54 out of 57 total credits of my master's degree before joining this company. So, can I use this master's degree to satisfy job requirements for my GC sponsored by this company?
The answer is probably not for the same job for which you were hired. You cannot use your master's degree that you obtained after you joined as a software developer, but you could certainly use it for the next higher job.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Number 83
Volume X
Washington, D.C
A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS
This bulletin summarizes the availability of immigrant numbers during November 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:
USCIS recently updated the following form(s):
Form I-907, Request for Premium Processing Service
11/03/2022 09:50 AM EDT
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USCIS is providing additional guidance on the interpretation of changes to the EB-5 program in the Immigration and Nationality Act (INA) made by the EB-5 Reform and Integrity Act of 2022 (RIA), specifically the required investment timeframe and how USCIS treats investors who are associated with a terminated regional center.
U.S. Citizenship and Immigration Services (USCIS) is issuing new instructions for asylum applications submitted by individuals whose removal proceedings were dismissed or terminated by the Executive Office for Immigration Review (EOIR).
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U.S. Citizenship and Immigration Services has launched a new Enterprise Change of Address (E-COA) self-service tool to allow customers with pending applications, petitions, or requests to update their address with USCIS more easily. E-COA will significantly improve the speed and efficiency of the process for USCIS customers to update their address with USCIS.
Processing Queue | Priority Date |
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Analyst Review | September 2022 |
Audit Review | July 2022 |
Reconsideration Request to the CO | August 2022 |
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Immigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
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USCIS seeks to update regulations with proposed rulemaking to improve program efficiency and integrity
FAQ‘s:
Others:
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
Immigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
Rajiv Khanna Blog: http://www.immigration.com/blogs
Twitter: https://twitter.com/immigrationcom
Facebook: https://www.facebook.com/immigrationd...
Linkedin: http://www.linkedin.com/in/rajivskhanna
My perm got approved on Oct 5, 2023. I am an Indian citizen with a priority date from my previous employer filing as March 28, 2012. As per the Oct 2023 visa bulletin, I am current under the “Dates for Filing” chart for EB2 and the “Final Action Date” chart for EB3. My employer's immigration firm insists on filing my I140, I485, I765, I131, and I693 under EB2 instead of EB3 for my case. So two questions:
1) Can you please explain the pros and cons of filing under EB2 and the pros and cons of filing under EB3?
2) As the EB3 “Final Action Date” chart is current for my priority date. Wouldn’t it be better for my case to be filed under EB3 instead of EB2, ensuring my 485 will get decided faster if filed under EB3 instead of EB2? Isn’t it?
According to law it is evident that even with an approved EB-2 case, you have the option to file the I-140 under EB-3 – that's a choice open to you, and no one can dispute it. However, this doesn't mean that your I-140 and PERM are permanently tied to EB-3. What is typically done is filing the I-140 under the category that offers a more advantageous date. For instance, if you are in the EB-2 category and the EB-2 date is more favorable, you would file under EB-2. Conversely, if EB-3 is more beneficial, you would choose that option.
It's important to note that you cannot upgrade from an EB-3 PERM to an EB-2 I-140, but you can downgrade from an EB-2 I-140 to an EB-3 I-140 – or the other way around, downgrading from an EB-2 PERM to an EB-3 I-140.
So, when you have an EB-2 PERM, you have the flexibility to file under either EB-3, EB-2, or both. Importantly, this filing of the I-140 does not terminate your case or prevent you from returning to EB-2 in the future. Thus, there's no compelling reason not to consider filing under EB-3. As for whether it's better to file your case under EB-3 or EB-2, my recommendation would be to file I-140s for both categories – EB-3 I-140 and EB-2 I-140. However, for the I-485, it's advisable to file with EB-3 – that's likely the most suitable course of action.
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Certain renewal applicants who have filed Form I-765, Application for Employment Authorization, qualify for an automatic extension of their expiring employment authorization and/or employment authorization documents (EADs) while their renewal application is pending. Starting today, those who are eligible will receive 180-day extensions in accordance with existing regulations, including those who have applied for or have received Temporary Protected Status or asylum.
My entry into the United States was denied a few months back, and my H1B visa was canceled saying that I need to re-apply for a new visa and I agreed to that. A few days back I attended an interview on H4, but the interviewer was asking about the canceled visa and gave me a refusal worksheet Section 212(a)(6)(c)(1). I'm wondering what's happening here, could you please help me with this?
Having a 212(a)(6)(i) denial, which is related to fraud or misrepresentation in obtaining an immigration benefit, is a severe issue because it results in a permanent ban from entering the United States. This can occur in various situations, such as visa applications, petitions, or misrepresentation at the airport, involving both written and oral misrepresentations.
The problem lies in the fact that this ban is permanent, and obtaining a waiver is complex and challenging. The availability of waivers is limited, making these cases extremely difficult to resolve once you're caught in a 212(a)(6)(i) situation.