PERM Processing Times (as of 1/31/2023)
Processing Queue | Priority Date |
---|---|
Analyst Review | May 2022 |
Audit Review | March 2022 |
Reconsideration Request to the CO | June 2022 |
Processing Queue | Priority Date |
---|---|
Analyst Review | May 2022 |
Audit Review | March 2022 |
Reconsideration Request to the CO | June 2022 |
Discussion Topics:
FAQs: H-1B visa cap exemption - How does the 6-year rule work? || Will having EAD cards or petition approvals with gaps in the start and end date cause an issue?|| H-1B visa layoff options - Going to home country and applying for jobs, going through the lottery again, documents required to apply for a new visa to explain missing pay stubs and the contents of the documentation for termination contract sent by the company to the USCIS
I recently renewed my green card EAD; the first EAD card expired on 04/2019. I had filed for renewal before the expiration. The USCIS provided a 540-day auto-extension based on the renewal application. Based on the I-797 C for renewal, the original EAD is valid till Oct 2023.
The new card is valid from Jan 2023 till Jan 2025. Will having EAD Cards with gaps in the start and end dates cause an issue?
Gaps are normal. If the gap is abnormal it is wise to discuss it with your lawyers to ensure that there are no potential problems or risks.
I got a H-1B approval in 2020 and stamping was done in 2022, due to personal reasons, I have decided not to travel to the US. My question here is at a later point in my career, will I be eligible for the CAP exemption for the different sponsor, even If I never visited the US using the stamping? Also whether this cap is exempt till 6 years from approval time or forever(but the 6 years clock starts from the time I enter the US)?
The six-year period should be counted from the date your H-1B was approved.
I am on an H-1B visa and recently got laid off.
If I don't find a job within the 60 days grace period:
1. Can I go back to my home country and keep applying for jobs and then come back once I get one? If yes, would I have to go through the lottery again?
2. If not, what are my options?
3. What additional documents do I need to provide while applying for my new visa to explain the missing pay stubs?
4. What does the company that let me go send to the USCIS as documentation for termination of contract?
My F1 status will end with EAD, correct? EAD ends on June 25th and in July-August I was planning to use H1b Cap gap until I start my PhD program
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
Immigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
Immigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
The initial registration period for the FY 2025 H-1B cap petitions will open at noon Eastern on March 6, 2024, and run through noon Eastern on March 22, 2024.
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
Discussion Topics:
Number 88
Volume X
Washington, D.C
A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS
This bulletin summarizes the availability of immigrant numbers during April 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.
There are two nonimmigrant visa categories for persons who want to participate in Exchange Visitor programs in the United States. The J nonimmigrant classification is for participants of exchange programs, designated by the Department of State, that are designed to promote educational and cultural exchanges between the United States and other countries. The Q nonimmigrant classification is for participants of international cultural exchange programs designated by the Department of Homeland Security.
Release Date
With the new fee rule that goes into effect April 1, 2024, you must use the new 04/01/24 editions of the following forms:
Processing Queue | Priority Date |
---|---|
Analyst Review | February 2023 |
Audit Review | December 2022 |
Reconsideration Request to the CO | April 2023 |
FAQs: AC21 Supplement J and Salary Increase: Potential Issues with Job Porting and leaving the employer after green card || EB-3 PERM Green Card Application: Implications of Applying for a Future Promoted Role || EB-3 PERM Green Card Application: Implications of Applying for a Future Promoted Role || Staying in and Working from Home Country with Long-Pending I-485
U.S. Citizenship and Immigration Service (USCIS) is committed to timely adjudicating DACA renewal requests.
Q1. My AOS is pending 180+ days, so which is less risky or will not cause problems when it comes to naturalization: (i) filing AC 21 and going with a new employer right after 180 days are complete, or (ii) leaving the current employer right after getting the green card?
Q2. Salary increase when filing ac21/485 j supplement: if I am filing an ac21 and the next job offers me a significant increase (2x) and 50% up from my current job, is it going to be an issue while filing a j supplement and porting a job?
Q3. What should I consider and keep in mind when changing from employer A to employer B when filing a J supplement (ac 21)?
Q4. Also, is it advisable and recommended that we stay with our employer for six months upon getting a green card? Or does it matter, and we can move as soon as we get the green card? Or should we stick with our employer for at least 3 months?
Q5. Suppose I am filing a J supplement (ac21) vs. moving right after from the employer from whom I just got the green card. Are both things considered the same, i.e., filing a J supplement and leaving the green card regarding consequences or future issues regarding citizenship/renewal? Or is one thing less risky compared to the second thing?
In most cases, filing Supplement J before moving is preferable. It's a more transparent approach, indicating your intention to change jobs before your green card approval. Moving right after obtaining the green card may require explanations and potentially dishonest justifications for your decision to leave. Therefore, Supplement J is generally considered a better option.
Q1. I-485 Filed for EB3 ROW Category While I am not in PERM Sponsored Role
I am stuck in the scenario where my green card was prepared for a future/prospective role, but the AOS/485 is filed, and I still do not have that prospective role (not promoted yet). What are the issues or risks if the green card is approved but I am not holding that future/prospective role? Is it necessary for me to be in the PERM-sponsored role (future role) at the time when USCIS approves I-485?
If the green card is approved and I am not given that future sponsored role, what are the issues/consequences? And how do we go about navigating this process?
Q2. Filing of GC
If my green card application is prepared for a future role and I am not in the perm-sponsored role (future role), i.e., I haven’t got a promotion while the AOS is filed, is it necessary for me to have that future role or not? If yes, then at what stage will the promotion be required for me to get a green card? And if I don’t get a promotion by the time the green card is approved, will there be any issues? If yes, what are the issues?
Answer 1: There isn't an immediate risk if you haven't been promoted at the time of filing Form I-485. However, it's expected that you'll be promoted within a reasonable period after your green card approval, typically within four to five months. Failing to be promoted after approval may raise questions, but it's not inherently problematic as long as the intention to promote was genuine.
Answer 2: If you haven't transitioned into the future role after your green card approval due to unforeseen circumstances or company issues, there generally aren't significant consequences. As long as all parties acted in good faith, the failure to fulfill the anticipated role doesn't usually jeopardize your green card status. While this situation may be contentious, it's typically manageable and shouldn't pose a substantial risk to your immigration status.
U.S. Citizenship and Immigration Services announced agency-wide anti-discrimination guidance that addresses public-facing interactions and affirms the public service principles.
This article is part of the continuing series of interviews between The Practical Lawyer Editorial Board Member Rajiv S. Khanna and leading practitioners across the country, designed to provide personal and professional insights into various areas of the law.
Read more by clicking the pdf attachment.
USCIS is updating guidance in the USCIS Policy Manual to clarify how USCIS considers expedite requests related to government interests and requests related to emergencies or urgent humanitarian situations, including travel-related requests. This update also clarifies how to make an expedited request and explains how USCIS processes expedited requests.
Government Interests
Release Date
USCIS has extended the initial registration period for the fiscal year (FY) 2025 H-1B cap. The initial registration period, which opened at noon Eastern on March 6, 2024, and was originally scheduled to run through noon Eastern on March 22, 2024, will now run through noon Eastern on March 25, 2024. USCIS is aware of a temporary system outage experienced by some registrants, and is extending the registration period to provide additional time due to this issue.