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WASHINGTON—U.S. Citizenship and Immigration Services today announced that F-1 students seeking optional practical training (OPT) can now file Form I-765, Application for Employment Authorization, online if they are filing under one of these categories:

Apri, 15, 2021 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

3 years ago By Chief Editor

Immigration.com

Community Conference Calls

Nonimmigrant Visas

Green Card

FAQS: H-1B revoked after 1 October, never used. Am I quota exempt? Travel while I-485 AOS is pending: returning on H-1B visa, AP, AVR etc.

DHS Extends Form I-9 Requirement Flexibility (Effective Mar. 31, 2021)

3 years ago By Chief Editor

The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced an extension of the flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification, due to COVID-19.

April 1, 2021 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

3 years ago By Chief Editor

Nonimmigrant Visas

Green Card

FAQs: AC21 Job Portability After I get my green card, is it legal to work for two companies (and not the original company) simultaneously?

Rajiv's Comments in the News - H-1B visa extensions will be smoother as Trump-era memo is revoked

3 years ago By Chief Editor

Published by: The Times of India - Date: April 28, 2021

Quotes and Excerpts from Rajiv in the article:

Rajiv S. Khanna, Managing Attorney at Immigration.com told TOI, “Business entities make plans based on consistency and predictability – not being able to rely on the availability of professional workers was not conducive to business nor to non-citizen workers.”

Rajiv's Article - The US will continue with its 2020 student immigration policies. Here's what that means for you

3 years ago By Chief Editor

Published by: The Economic Times - Date: April 28, 2021

Synopsis

New or Initial F and M students who were not previously enrolled in a program of study on March 9, 2020, will not be able to enter the United States as a nonimmigrant student for the 2021-22 academic year if their course of study is 100 percent online.

For more on this article please see the attachment below.

Parents tourist/visitor status I-94 expires while I-485 is still pending: Overstay issues; impact of leaving USA

2 years ago By Chief Editor 2 comments

Question details

I had filed for my parent's green card in July' 2022. It is concurrent filing.

The I-130 filed by me shows processing times of 4 weeks and 6 months for my dad & mom respectively.

The Advance Parole shows processing time of 11.5 months and I-485 (Minneapolis-St. Paul field office) is almost 2 years.

Their I-94 is expiring on the 30th Nov. What is the process to withdraw the application so that they can return back to India legally before 30th Nov?

Also wanted to know:

Will I need to withdraw the I-130 petitions that I had filed for them ?

Will this impact their existing B-2 (visitor) visa? Will it still be valid?

FAQ Transcript

1. There is no need to withdraw the application, but if you want to withdraw you will have to send a letter. Even if they leave without getting an advance parole the I-485 is deemed to be abandoned but the I-130 can still go on. You will have to call USCIS to open a customer service request and convert the I-130 to consular processing. Even though the I-485 is abandoned the I-130 is put in the consular processing queue.

2. If they leave before November 30th their visitor visa should not be affected.

Options for Nonimmigrant Workers Following Termination of Employment

2 years ago By Chief Editor

Release Date

12/19/2022

U.S. Citizenship and Immigration Services (USCIS) is providing information for nonimmigrant workers whose employment has terminated, either voluntarily or involuntarily. These workers may have several options for remaining in the United States in a period of authorized stay based on existing rules and regulations.

H-1B was approved with a new I-94 but the date of onboarding was extended by the employer

2 years ago By Chief Editor

Question details

I was on H-4, and it was valid till Jan 2023. I got my h1b approved via the Change of Status application and it came along with a new I-94 date. My employer is saying that they need some time to onboard me. They are working on finding a suitable project for me and it is going to take some time. Is it ok to defer the joining date and should my employer or I file any application to let USCIS know that I am not starting the job right away?

FAQ Transcript

That is not your problem, they should be really paying you. It is illegal. They cannot keep the employee out of a payroll. Employers cannot stop paying you merely because they don't have a project.

Gap in status, for instance, H-1B and H-4 status issues

2 years ago By Chief Editor

Question details

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?

FAQ Transcript

Technically Yes, this can be an issue.

USCIS Form I-129, Petition for a Nonimmigrant Worker Update Notice

2 years ago By Chief Editor

USCIS recently updated the following form:

Form I-129, Petition for a Nonimmigrant Worker

11/02/2022 12:05 PM EDT

Laid off on H-1B or L-1A; 60 days grace period, maintaining status, switching to and back from I-485 EAD; Priority date becomes current but there is no job in hand

2 years ago By Chief Editor

Question details

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.

Since we only have 60 days on H-1B to find a new job. How easy is it to switch to EAD? Is there a procedure to follow to switch to EAD?
Once someone switches to EAD. Can they again switch back to working on H1 after finding a job?
Now if someone switches to EAD and their date becomes current before they can find a job. What are their options?

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?

FAQ Transcript

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.