Visa Bulletin - September 2018
Number 21
Volume X
Washington, D.C
Number 21
Volume X
Washington, D.C
I am currently on my CPT(masters student) & working as full time employee in Cincinnati, OH. I would be converting to OPT in Dec,2018. My employer is fine to file H1B for the next year. My current pay is b/w 60k-65k/annum. I heard that min wage should be 65K for H1B. And even if H1B is picked, there could be chances of rejection at the time of RFE. Will the wage between 60k-65K is ok or should it be more than 65K? I have gone through couple of other websites to explore on this. According to FLCDataCenter.com, I gave Ohio, Cincinnati(Hamilton county) and occupation as software developers, applications--it displayed 4 different wage levels. My current pay falls close to Wage Level 1 but above 60K. would it still cause any issue for H1B? Could you throw some light on this.
Watch the Video on this FAQ: What are different wage levels for H-1B and green card jobs?
Video Transcript
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
Are you seeking to adjust your status and become a U.S. permanent resident under a family-sponsored or employment-based preference immigrant visa? If you have not yet had a relative or employer file an immigrant visa petition on your behalf, please learn more about the Adjustment of Status Filing Process.
On Aug. 13, USCIS changed the filing location for Form I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status. This form was previously filed at the California Service Center. Now, petitioners must send Form I-829 to a USCIS Lockbox facility. However, the Immigrant Investor Program Office continues to be the adjudicating office.
1. I moved from client A to client B in June. My employer filed an amendment for me now. I have my current H-1B till September 2020 when I'm with client A but my visa stamping expired last year. Can I travel while my H-1B amendment is pending?<br>
2. As my visa got expired, I have to get it stamped again. For that, should I have to go for interview again or can I do it by Dropbox?<br>
3. What will be the case if my amendment is still pending. What will be the case If my amendment is approved by then.
Watch the Video on this FAQ: Travel outside the USA when a case is pending
Video Transcript
1. Yes, you can travel.
2. I don't know the exact local rules, but you have to go for visa stamping.
3. You should not go until the amendment is actually approved. More...
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
Topics of Discussion: - Audit on the PERM process - Traffic violation for naturalization - H-1B transfer - H-4 visa interview
USCIS is updating the Optional Practical Training Extension for STEM Students (STEM OPT) page of the website to clarify the reporting responsibilities for participating in the STEM OPT program. Students and employers must report material changes to the Designated School Official (DSO) at the earliest opportunity by submitting a modified Form I-983. Employers must report the STEM OPT
A careful review of these appropriate conditions leads to the inescapable conclusion that very little has really changed.
Under new deportation and denial policy 2018, I have following questions if I want to renew green card after 10 years. Can green card renewal I 90 be denied because of some common errors like forgot to submit copy of old green card, or any court document ( removal proceedings canceled without prejudice). Will I get deported if GC is denied due to minor administrative error?
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
I have worked for my US based employer (Company 'A') since 2004 on H1 after completing MS, and have applied for GC with them in 2008 in EB2. In 2011 I have relocated back to India while GC application was pending and changed my processing to 'Consular Processing'. While I was in India, I have my GC approved in November 2013 thru Consular Processing.
U.S. Citizenship and Immigration Services (USCIS) announced today that current beneficiaries of Temporary Protected Status (TPS) under Somalia’s designation who want to maintain their status through the 18-month extension period ending on March 17, 2020, must re-register between Aug. 27, 2018, and Oct. 26, 2018.
USCIS is extending the previously announced temporary suspension of premium processing for cap-subject H-1B petitions and, beginning Sept. 11, 2018, will be expanding this temporary suspension to include certain additional H-1B petitions. USCIS expects these suspensions will last until Feb.
Discussion Topics, Thursday,30 August 2018:
FAQ: H4 EAD based upon a prior employers I 140 approval; effect on I 140 of changing multiple employers; effect on prior I 140 if a subsequent I 140 is approved || Can I join my old employer if the H-1B transfer is denied? Filing green card through future employer || Green card based upon investment – – EB-5 || Effect on green card and naturalization of using public or government benefits || Porting priority date from EB 2 to EB 1
Other: Job titles to be used for naturalization application || How to have a spouse stay in the USA while the green card application is going on || Entering USA on H-1B approval for one employer and H-1B visa of another employer || H-1B transfer back to an approved location || Nunc Pro Tunk approval of H-1B and 212 (d) (3) waivers || EAD delays || Confusion about permanent address used || Green card holder studying abroad || Changing tourist visato a long-term visa || Correcting name errors || Repeat RFE's
July 19, 2018: USCIS transferred some of the following cases from the Vermont Service Center to the California Service Center: Form I-539, Application to Extend/Change Nonimmigrant Status, for F, M, J or B nonimmigrants
This presentation is intended for training use only and does not carry the force of legal opinion. The Department of Labor (Department) is providing this information as a public service. This information and any related materials are presented to give the public access to information on the Department’s programs.
Click here for the presentation.
The Department of Homeland Security (DHS) is increasing the premium processing fee charged by U.S. Citizenship and Immigration Services (USCIS). DHS is increasing the fee by 14.92 percent, the percentage change in inflation since the fee was last adjusted in 2010 according to the Consumer Price Index for All Urban Consumers (CPI-U). The adjustment increases the fee from $1,225 to $1,410.
Click here for the federal register notice.
Release Date
USCIS is reminding the public that they offer immigration services that may help people affected by unforeseen circumstances such as natural disasters. Examples of unforeseen circumstances include, but are not limited to, the severe weather in Kentucky and surrounding states.
The following measures may be available on a case-by-case basis upon request:
Release Date
U.S. Citizenship and Immigration Services is temporarily waiving the requirement that the civil surgeon sign Form I-693, Report of Medical Examination and Vaccination Record, no more than 60 days before an applicant files an application for the underlying immigration benefit (including Form I-485, Application to Register Permanent Residence or Adjust Status), until Sept. 30, 2022.
I am currently working as a Senior Software developer at a small company (13 employees). It is privately held and I don't have any stake in it. I am on an H-1B visa and my I-140 is approved under the EB-3 category. I see an opportunity to start a team in India for my current company. I can manage the team from India, staying there for a year. After that, I can come back to the US and still manage the Indian team while working in the USA. I will probably have to play a dual role where I am a senior developer and should manage the Indian team. Will I be eligible for EB-1 manager/executive level after 3 years? If not, is there an easy way I can leverage the advantage of working in a small shop to get a green card faster.
You should be able to include the team in India amongst the professionals you manage if the benefit of the work flows to the corporate collective. You don't have to be outside the USA for three years. The required time period is one year. This could work, but you must have a detailed consultation with your lawyers. They should make sure your proposed jobs in India and then in the USA meet the legal requirements for an L-1A/EB-1C.
Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
My friend had traveled to India in an emergency situation in April this year. Since the consulates were closed for so long, he could get his H-1 visa stamping done by an emergency appointment last month (through NIE) only. Now, his job contract ended here. What are his chances to come back to the U.S.? - Does he need to have a job with an offer letter before traveling back to the U.S. back?
Unless you have a specific job in hand, the one that has been described in the H-1B you should not come back.
Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
H1-B Visa Stamp Expired - but H1-B Status Valid until Sept 2023 (I-797 Approval Notice)
I-140 approved long back, I-485 pending (PD not current but close), I-765 + I-131 approved Combo Card. Travelled to India with both H-1B I-797 and I-485 EAD/AP (Validity was 1 Year) and returned a couple months back; chose to return on I-485 AP because could not get a Visa Drop Box Appointment. New I-94 received upon entry is only valid till AP expiry date; which is prior to H-1B I-94 attached to I-797 (Sept 2023). No change of Employer before or after the travels - return to the same employer.
a) Does the use of AP on returning mean the H-1B status is abandoned in this case?
b) Will I fall out of status after August 2022 - based on this new I-94 with AP entry?
c) Can the already approved H1B status be reinstated (if it was abandoned) and also be extended like regular H1B extension after 2023 - if yes, would that need a travel out of the country before August 2022 and return on H-1B visa stamp?
a). Although you entered the United States on advance parole this time you are still considered to be holding a H-1B status. That is not disturbed by your exit and entry.
b). The I-94 that you get with the advance parole entry is limited and hence it should not be a problem. You should be able to transfer employers. You definitely can amend or even extend your H-1B within the United States. I am not aware of any limitations on the ability to use the H-1B for a transfer.
c). Yes you can always revive an H-1B. If the H-1B has expired, you can seek a renewal of the H-1B through the USCIS and then go outside the USA (your home country or any country) and get a H-1B visa stamp and come back.
Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
I have had an approved H-1B petition since 2010 but never used it. Can I reuse that petition and obtain an H-1B transfer to a different company? The old company who has filed H-B petition has not withdrawn it.
The problem I see is that the approval is too old. A never-used H-1B approval obtained more than six years ago may not be viable. But, you can have it researched further. I suggest you look into something called the” remainder option.” Although, it is probably not applicable to you, but your lawyers should make sure of that. Normally, the remainder option is available for people who were employed for a while in the USA on H-1B. These folks, if they go outside the United States for one year after the H-1B employment, can get the time remaining on their H-1B without regard to when it was approved.
Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.