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Employers May Submit Inquiries If Extension of Status/Change of Employer Petition Has Been Pending for 210 Days or More
On April 21, 2016, USCIS began allowing petitioners who filed Form I-129, Petition for a Nonimmigrant Worker, requesting an extension of status or change of employer to submit an inquiry after their petition has been pending for 210 days or more. This inquiry may be based on the petition being outside of normal processing times.
Recording of Free Community Conference Call (Every Other Thursday), 2016, May 19
Nonimmigrant Visas
Green Card
Substantial transcription for video
FAQ: Changing back to F-1 student status after filing for green card; I-94 given for duration shorter than entitled; H-1B amendment when change of cities; Impact of traveling while H-1 extension is pending; Birth certificate non-availability, affidavit; Changing jobs after I-140 approval; STEM OPT extension for consulting or staffing companies; Effect of divorce on an employment-based case and cross-chargeability; Transferring H-1 subject to cap, cap-gap extension; Remedy for denial of I-485 AOS; Sued by employer.
Other: Effect on relative petition if petitioner loses their green card; Revocation of I-140; Porting priority date; Changing jobs H-1 or EAD, converting from EAD to H-1; F-2 out of status converting to H-4; H-4 family traveling while H-1 extension is pending; CAP-GAP extension and drivers license; Effect of relocation to India during green card processing; Visa stamping for H-4 out of status, etc.
USCIS Reaches CW-1 Cap for Fiscal Year 2016
USCIS has received a sufficient number of petitions to reach the numerical limit (the “cap”) of 12,999 workers who may be issued CW-1 visas or otherwise provided with CW-1 status for Fiscal Year (FY) 2016. May 5, 2016 was the final receipt date for CW-1 worker petitions requesting an employment start date before October 1, 2016.
Employers May Submit Online Inquiries for Certain Form I-129 Petitions
As of April 21, 2016, petitioners who filed Form I-129, Petition for a Nonimmigrant Worker, requesting an extension of stay or change of employer, can submit an inquiry after their petition has been pending for 210 days or more. Petitioners may now submit this inquiry online by selecting “case outside normal processing time.”
Recording for June 06, 2024 Conference Call with Rajiv S. Khanna
Immigration.com
Green Card
Discussion Topics, June 6, 2024 FAQs: International Managers (EB-1C) changing jobs under AC21 portability after 180 days || FAQ: H-1B 60 days grace period H-1B transfer; Impact of switching to B-1/B-2; and family visa validity || FAQ: H-1B 60 days grace period to B-2 conversion: Status gap, transitioning back to H-1B; Starting work again
June 8, 2024, Rajiv in QnA session on behalf of students, young professionals
Immigration.com
Nonimmigrant Visas
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Rajiv's Article - Is it a good idea for laid off H-1B workers to switch to a US tourist visa, and back again? Open Primary tabs configuration options Primary tabs
Published by: The Economic Times - Date: May 25, 2024
https://economictimes.indiatimes.com/nri/migrate/is-it-a-good-idea-for-…
Synopsis
H-1B 60 days grace period H-1B transfer; Impact of switching to B-1/B-2; and family visa validit
Question details
1. I am currently in a 60-day grace period due to a layoff and am in the process of finding a new employer to file an H1B transfer. I have two questions regarding my situation:
If I apply for a B1/B2 visa on the 59th day of my grace period and it is approved within two weeks, can my new employer still file an H1B transfer using premium processing?
2. Specifically, I am concerned about the impact of my status change from H1B to B1/B2 and then back to H1B on the processing of the transfer.
3. My family members hold a valid US visa stamping until March 2027, which was obtained using my previous employer's I-797. Can they enter the US using this existing visa with a copy of my new employer's I-797 at the port of entry?
FAQ Transcript
- No, because if you are on B-1 or B-2 status, then you are not on H-1B.
- If the B-1 or B-2 status is approved, then it obviously replaces the H-1B.
- You can maintain the H-1B only if necessary.
Recording for June 20, 2024 Conference Call with Rajiv S. Khanna
Immigration.com
Nonimmigrant Visas
Green Card
FAQs: Moving to India in 2025 on H-1B extension, I-140 portability, and future U.S. opportunities || Extending parent's stay in the U.S. beyond six months on a B-2 visa
Extending parent's stay in the U.S. beyond six months on a B-2 visa
Question details
I have a question about my mother's stay in the US on a visitor (B2) visa. I am an IT Professional in the US on an L1 work visa along with my family (spouse & kid). My only sibling (younger sister) is also settled here in the USA. My father passed away a couple of years back in India. My mother is 60+ years of age, and currently, there is no family member in India to stay with her at all times. She visits the USA and stays with us for six months at a stretch during the year. Considering her health and emotional support needs, I am looking for options to have her stay with us long-term (beyond a six-month period in a year). As is the case in this scenario, are there legally valid options/exceptions for old-age single parents?
FAQ Transcript
Yes, it is possible.
Work authorization, visa stamping, and optimal strategy for a laid-off H-1B professional
Question details
- I was on an H-1B visa and got laid off. I then switched to a B2 visa to extend my stay in the US after the 60-day grace period. My B2 visa is about to expire. I can request an extension of the B2 visa, but I want to enroll in a master's or a PhD program. Once I switch to an F1 visa, will I be allowed to work on H-1B (or any other visa) if I get a full-time job during my course period? If I am allowed to work, can I also continue my course?
- When the F1 is approved, will I have to leave the US to get my visa stamped and re-enter (as I am currently on a B2 visa)?
- What would your suggestion be considering the different visa options I have? Should I extend my B2 visa or switch to an F1 visa?
FAQ Transcript
- Absolutely, you can convert back to H-1B, and you can continue your course.
- No.
- If you think you can find a job in the next six months, stay on the B-1/B-2. But if you think that's dicey or unknown, I would rather have you spend your time studying, getting more education, and, if possible, getting curricular practical training.