Can we file two PERM simultaneously, one for the current job level and one for the future promoted level? My employer filed my green card based on my master's degree and no experience as a job requirement. So, what are the chances it will pass recruitment during PERM, keeping the current recession in mind?
Technically, you can apply for two jobs like this because they are two different jobs. Definitely when there are specific skill requirements the chances of success are a lot better.
I am in 3rd year of an H1B visa, and my current employer has filed for a green card (currently in the PERM process). I am currently a Sr. Energy Engineer with industry experience of 5+ years.
I have evidence for all the criteria. Do you think I might be eligible for the EB1A category?
EB-1As are given based upon the two-step analysis. The first step is quantitative: Do you meet three out of ten requirements and if you do then you go to step two. Click here for more
I was on F1, and my spouse was on F2. My H1B was approved in 2020 for client A, but COS from F1 to H1B was denied, so I just continued my F1 status. Later, I moved to client B, and my employer filed an H1B Amendment and got the complete approval with I-94, effective 29th April 2022. After approval, we filed I539 for my spouse's COS from F2 to H4 (still pending) with a receipt date of 17th May 2022.
Question: Since there is a gap between my H1B start date (04/29) and my H4 receipt date (05/17), may the USCIS deny our case? If so, what are our best options to proceed further?
Technically Yes, this can be an issue.
USCIS recently updated the following form:
Form I-129, Petition for a Nonimmigrant Worker
11/02/2022 12:05 PM EDT
I have read that in some cases of H1B as follows "They had H1 petition and H1B visa was stamped in 2012 but they never traveled to the US on that. And when a new employer applied for a cap-exempt H1B petition in 2017 they got it approved with change of status to H1 in May 2017...Whereas in my case I also didn't use this H1B visa and I even didn't travel to US i.e. My employer filed H1B in 2016 which got approved in Sep 2016 and after my resignation, they revoked H1B in Nov 2016 (which is > OCt, 1 2016), but I got a Denial. When contacted few attorneys they said I may get "Approvals" Or "Deny" in such cases, nowadays its more of details saying I am NOT cap exempt?
The first principle is if you are in the United States and you do not get a change of status you are not exempt from the quota. The second principle is if you are outside the USA and you don't get a visa stamp you are not exempt from the quota. Now in both these cases whether you join the job or not is irrelevant. So the third principle is whether you are joining the job or not is irrelevant.
If you are in your home country you must get a visa stamp if you don't, you are not exempt from the quota. If you are in the USA you must get a change of status otherwise you are not exempt from the quota. Hence principal number four is that if your approved H-1 is revoked before October 1st then you are still subject to the quota and the last principle is if your H-1 is revoked for error or for fraud or misrepresentation you are still subject to the quota.
Given the current situation with tech layoffs, I wanted to understand the options available for people in my situation.
I’m currently working in the US on H-1B and my GC application (I-485) with PD July 2014 and 485 is in “Case remains pending”.
I have 485 EAD approved till 2024 and Advanced Parole is still pending.
Now if someone switches to EAD and their date becomes current before they can find a job. What are their options?
Also, do we have any info on what the status “Case Remains Pending” means?
1. Switching to EAD is very easy. There is no formal process for it. All you have to do is when you want to convert from H-1B or if you have been laid off present your EAD as documentation of your authorization to work.
2. Travel back into the United States with an H-1B visa and that of course comes after you get an approval from the USCIS.
3. In a case like this you should get your approval. Make sure you get the next job in the same or similar field. Keep some documentation that shows they are in the same or similar field.
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.
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
Published by: The Economic Times - Date: January 02, 2024
Link: https://economictimes.indiatimes.com/nri/work/decoding-us-new-rule-allo…
Synopsis
Number 86
Volume X
Washington, D.C
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.
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
Release Date
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.
USCIS recently updated the following form(s):
Processing Queue | Priority Date |
---|---|
Analyst Review | January 2023 |
Audit Review | December 2022 |
Reconsideration Request to the CO | March 2023 |
I entered the country back in 2019 to complete my Masters degree (F1 Visa). I am on an H1-B visa, which was approved last year (10/01/2022 - 10/10/2025). However, I have yet to go to India, so visa stamping is incomplete. I got laid off on December 14, 2023, so I am on my 60-day grace period. Suppose I cannot secure a new role within the 60-day grace period. In that case, I am considering changing my status to a B2 visa to extend my stay and continue looking for an opportunity. However, since my H1 visa is not stamped, will that create an issue filling for a change of status to a B2 visa? And when I land a new job returning from B2 to H1, would that be an issue since the visa won't be stamped either?
As long as you have a change of status, such as an F-1 to H-1B change, visa stamping is not an issue when transitioning from a B-2 to H-1B. The key consideration is the validity of your I-94 while inside the USA.
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
What does Refugee, Asylum and International Operations (RAIO) do?
They are responsible for:
RAIO is vigilant about fraud detection and national security, relying on careful vetting, innovative screening mechanisms, and sound adjudication.
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
Published by: The Economic Times - Date: January 17, 2024
Link: https://economictimes.indiatimes.com/nri/migrate/green-card-101-why-you-should-be-interested-in-the-national-interest-waiver/articleshow/106930371.cms