USCIS recently updated the following form(s):
U.S. Citizenship and Immigration Services expanded its policy guidance (PDF, 290 KB) regarding unlawful acts that may prevent an applicant from meeting the good moral character (GMC) requirement for naturalization.
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Discussion Topics, Thursday, December 12, 2019
FAQ: Change in green card job responsibilities and/or job title during the process || Variation in H-1B job approved and actually performed || How far ahead of job or petition start date can I apply for H-1B visa stamping? || Parents’ birth certificates || Must we maintain H-1 or L-1 status while I-485 is pending? || Consequences of losing my job on H-1B and revocation of I-140 || Does withdrawing a timely filed application/petition with the USCIS lead to unlawful presence? ||
OTHER: Naturalization interview canceled || Expediting I-485 || Risks of changing jobs while I-485 is pending -- AC21 || Traveling while H-1B extension is pending || Discrepancy in names || Applying for green card for parents, etc. || Visas for same-sex partners from countries where such marriage is not allowed || H-1B for small companies, etc.
Number 37
Volume X
Washington, D.C
I'm working in an organization since December 2009. When my green card was filed in January 2016 my job title was "Senior Engineer", and the roles and responsibilities included following -
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· Generally someone with industry knowledge and/or software knowledge
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· SME in multiple areas
· Able to assist in even more areas
· Able to work without management intervention
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My I-140 is approved, and Priority Date is January 2016. I'm due for promotion to the job title "Consultant", and the roles and responsibilities would be following -
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· SME in a lot of areas
· Able to work in any area
· Able to talk accurately about the whole product whenever and wherever regardless of audience
· “Manager” on the floor, a mentor to “all” that need help, trusted adviser
· The one that the Engineer level people go to and want to be
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My Manager and HR mentioned that they will have to file amendment for change in roles and responsibilities that matches with new title. They are concerned about filing amendment, and they mentioned that they are seeing less than 50/50 success rate and there is high risk involved in changing title as my green card might get declined.
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I'm very surprised that changing only couple of responsibilities can jeopardize my green card processing, and I'm also finding it unbelievable that I can't get any promotion within same organization till my GC is approved, which could be another 10-15 years.
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I thought since green card is filed for the future position, so there should not be much risk involved in filing amendment. I've seen many of my friends and family getting promotions within same organization after their green card process started. Since I'll be working in same organization and same team, and there is no drastic change in roles and responsibilities, so do we still have to file amendment? Can the amendment be filed later with I-485, or is it better to go back to old job without filing amendment?
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.
Published by : ETtech From the Economic Times - Article by: Priyanka Sangani - Date: December 20, 2019
Quotes and Excerpts from Rajiv on the article:
U.S. Citizenship and Immigration Services is updating the USCIS Policy Manual to clarify the effect of travel outside the United States by Temporary Protected Status (TPS) beneficiaries who are subject to removal proceedings.
U.S. Citizenship and Immigration Services is issuing policy guidance in the Policy Manual to further clarify the types of evidence that USCIS may evaluate to determine eligibility for extraordinary ability (E11) EB-1 immigrant visa classifications.
This policy guidance:
Number 95
Volume X
Washington, D.C
A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS
This bulletin summarizes the availability of immigrant numbers during November 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.
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 expedite request and explains how USCIS processes expedite requests.
Government Interests
Processing Queue | Priority Date |
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Analyst Review | August 2023 |
Audit Review | December 2022 |
Reconsideration Request to the CO | April 2023 |
Release Date
USCIS updated guidance on the International Entrepreneur Rule in the Policy Manual to clarify the required triennial increase in investment, revenue, and other thresholds, and to clarify how USCIS arranges biometrics appointments for certain applicants.
Topics Discussed:
USCIS recently updated the following form:
10/11/2024 12:02 PM EDT
Edition Date: 10/11/24. You can find the edition date at the bottom of the page of Form G-1055, Fee Schedule.
For more information, please visit the Forms Updates page.
I have a family-based green card. For my job, I need to travel outside of the US for 150-160 days (3 days per week for the entire year). I am worried that I may lose my green card. What shall I do to retain my green card and still maintain this schedule of travel for my job?
To maintain your green card during extended absences:
I arrived in the U.S. in the last week of May 2024, and despite innumerable requests, my employer has not run payroll for the weeks since my arrival. Could this pose any challenges for future H1B transfers, extensions, or I-140 processing? Is there a risk of scrutiny or denial due to this issue? If yes, could you guide how to mitigate this please?
If your employer fails to pay you after starting your H-1B employment, it can pose challenges for future H-1B transfers. To address this:
My employer is in the process of filing employer-sponsored EB2 NIW (instead of self-sponsored). I understand that self-sponsored EB2 NIW is independent of an employer and remains valid in any case. But can I-140 obtained from employer-sponsored EB2 NIW be transferred to another employer?
The ability to keep your NIW when changing employers depends on whether you continue to pursue the same endeavor that was the basis for your NIW approval. If you maintain the same type of work in the same field, even with a different employer, you likely can keep your NIW. However, if you change to a completely different field or type of work, you may need to start a new green card process. For certainty, it's advisable to consider filing a new green card application or NIW when changing employers.
USCIS is revising the guidance in the USCIS Policy Manual to align with the Classification for Victims of Severe Forms of Trafficking in Persons; Eligibility for “T” Nonimmigrant Status Final Rule.
FAQs: GC approval before AC21 Supplement J could be filed || H-1B grace period eligibility after second layoff and B-1/B-2 visa options for job search
Why rejection rate of NIWs is increasing? Is there any change in eligibility criteria, etc.?
The USCIS is currently focusing on two main aspects when evaluating NIW petitions:
They want to see how your specific work benefits the entire country, not just your immediate sphere of influence.
Example: For a neurosurgeon, saving lives locally isn't enough; they want to see a broader national impact.
USCIS is looking at how your work stands out from others in your field.
They want to see that your contribution is not just significant but also distinguishable from your peers' work.
These two factors are currently the primary focus in NIW evaluations, leading to higher rejection rates for petitions that don't adequately address these specific points.
Release Date
Today, U.S. Citizenship and Immigration Services (USCIS) announced that the initial registration period for the fiscal year 2026 H-1B cap will open at noon Eastern on March 7 and run through noon Eastern on March 24, 2025. During this period, prospective petitioners and representatives must use a USCIS online account to register each beneficiary electronically for the selection process and pay the associated registration fee for each beneficiary.
We recommend that the H-1B lottery registration process should be planned and initiated now to ensure that it is ready to be submitted once the registrations open from noon Eastern on March 7, 2025 through noon Eastern on March
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