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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.”
USCIS Reaches Fiscal Year 2025 H-1B Cap
Release Date
12/02/2024
USCIS has received enough petitions to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap, for fiscal year (FY) 2025.
USCIS will send non-selection notices to registrants through their online accounts over the next few days. When USCIS finishes sending these non-selection notifications, the status for properly submitted registrations that USCIS did not select for the FY 2025 H-1B numerical allocations will show:
Rajiv's Comments in the News - US H-1B visa cap for FY2025 reached: Can Indians still apply and what should applicants do? All details here
Published by: Mint- Nov 04, 2024
https://www.livemint.com/news/world/us-h-1b-visa-cap-for-fy2025-reached…
Quotes and Excerpts from Rajiv in the article:
Recording for December 05, 2024 Conference Call with Rajiv S. Khanna
Citizenship and Naturalization
Nonimmigrant Visas
Topics Discussed:
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
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.
Recording for December 19, 2024 Conference Call with Rajiv S. Khanna
Nonimmigrant Visas
Green Card
Topics Discussed: