Updates to Lockbox Filing Locations
USCIS recently updated the lockbox filing location information for the following USCIS form(s). Please see the “Where to File” section of the webpage for your form.
Filing Location Updates in 2021
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Rajiv's Comments in the News - Immigration reforms that would've helped Indians in America blocked by Senate Parliamentarian
Published by: The Economic Times - Date: September 20, 2021
Synopsis
Lawyers said that this development would make it difficult for the reforms to be passed as part of this bill. Rajiv S Khanna, Managing Partner at immigration.com said that this barrier would be very difficult to overcome.
For more on this news please see the attachment below.
USCIS Extends Flexibility for Responding to Agency Requests
Release Date
09/24/2021
In response to the coronavirus (COVID-19) pandemic, U.S. Citizenship and Immigration Services is extending the flexibilities it announced on March 30, 2020, to assist applicants, petitioners and requestors who are responding to certain:
Most CW-1 Employers Must File Required Semiannual Report (Form I-129CWR)
USCIS reminds employers of Commonwealth of the Northern Mariana Islands (CNMI) Transitional Workers (CW-1) that, if you have a currently-approved CW-1 petition with a validity period of six months or more, you must file Form I-129CWR, Semiannual Report for CW-1 Employers, with USCIS every six months after the petition validity start date. Employers use this report to certify the continued employment and payment of each worker under the terms and conditions of the approved petition.
PERM Processing Times (as of 6/01/2024)
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | May 2023 |
| Audit Review | December 2022 |
| Reconsideration Request to the CO | August 2023 |
Agency
Green Card
Immigration Law
Recording for June 06, 2024 Conference Call with Rajiv S. Khanna
Immigration.com
Green Card
Discussion Topics, June 6, 2024 FAQs: International Managers (EB-1C) changing jobs under AC21 portability after 180 days || FAQ: H-1B 60 days grace period H-1B transfer; Impact of switching to B-1/B-2; and family visa validity || FAQ: H-1B 60 days grace period to B-2 conversion: Status gap, transitioning back to H-1B; Starting work again
June 8, 2024, Rajiv in QnA session on behalf of students, young professionals
Immigration.com
Nonimmigrant Visas
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
Rajiv's Article - Is it a good idea for laid off H-1B workers to switch to a US tourist visa, and back again? Open Primary tabs configuration options Primary tabs
Published by: The Economic Times - Date: May 25, 2024
https://economictimes.indiatimes.com/nri/migrate/is-it-a-good-idea-for-…
Synopsis
Visa Bulletin For July 2024
Number 91
Volume X
Washington, D.C
A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS
This bulletin summarizes the availability of immigrant numbers during July 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.
Agency
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Immigration Law
USCIS Issues Guidance on In-Person Filing for Certain SIJ Petitioners
USCIS is updating the USCIS Policy Manual (PDF, 313.17 KB) to clarify how certain petitioners for special immigrant juvenile (SIJ) classification (or their representatives) may file Form I-360, Petition for Amerasian, Widower, or Special Immigrant.
USCIS Issues Policy Guidance on Customer Service and Confidentiality Protections for Certain Naturalized U.S. Citizens
Release Date
06/12/2024
USCIS is issuing guidance in the USCIS Policy Manual that interprets that the confidentiality protections under 8 U.S.C. 1367 end at naturalization, which will allow naturalized U.S. citizens previously protected under 8 U.S.C. 1367 (specifically, Violence Against Women Act (VAWA) self-petitioners and those seeking or with approved T and U nonimmigrant status) the ability to fully access e-filing and other customer service tools.
International Managers (EB-1C) changing jobs under AC21 portability after 180 days
Question details
1. I am on L1A, and I have Approved EAD and AP. Also, 180 days of waiting is over.
My question is, can I switch employers? If so, how will USCIS match my job duties?
2. On L1A, it's an International Manager experience, and how can I show that I have international manager experience with the new Employer?
FAQ Transcript
1. Yes, I can confirm that your understanding is correct.
2. Regarding your new employer, your lawyers will provide the necessary assistance and guidance. It's important to note that in your current situation, the requirements differ from when you initially obtained your L-1A or EB-1C visa. At that time, you were required to demonstrate that you had the appropriate experience with the related company. However, now that you are in the AC21 portability phase, you are no longer obligated to fulfill that specific requirement.
H-1B 60 days grace period H-1B transfer; Impact of switching to B-1/B-2; and family visa validit
Question details
1. I am currently in a 60-day grace period due to a layoff and am in the process of finding a new employer to file an H1B transfer. I have two questions regarding my situation:
If I apply for a B1/B2 visa on the 59th day of my grace period and it is approved within two weeks, can my new employer still file an H1B transfer using premium processing?
2. Specifically, I am concerned about the impact of my status change from H1B to B1/B2 and then back to H1B on the processing of the transfer.
3. My family members hold a valid US visa stamping until March 2027, which was obtained using my previous employer's I-797. Can they enter the US using this existing visa with a copy of my new employer's I-797 at the port of entry?
FAQ Transcript
- No, because if you are on B-1 or B-2 status, then you are not on H-1B.
- If the B-1 or B-2 status is approved, then it obviously replaces the H-1B.
- You can maintain the H-1B only if necessary.
USCIS Clarifies Guidance About How to Adopt a Child under the Hague Adoption Convention
Release Date
06/14/2024
Effective June 14, 2024, USCIS has updated the USCIS Policy Manual, Volume 5, Part D, to clarify how prospective adoptive parents can adopt a child under the Hague Adoption Convention.
This update (PDF, 324.66 KB) consolidates and clarifies existing guidance to provide clear requirements for the Hague process. The update:
Recording for June 20, 2024 Conference Call with Rajiv S. Khanna
Immigration.com
Nonimmigrant Visas
Green Card
FAQs: Moving to India in 2025 on H-1B extension, I-140 portability, and future U.S. opportunities || Extending parent's stay in the U.S. beyond six months on a B-2 visa
Moving to India in 2025 on H-1B extension, I-140 portability, and future U.S. opportunities
Question details
I need to relocate to India for family reasons in 2025. My I-140 has been approved for over 180 days, and my initial H1B visa is valid until August 2025. I want to keep my options open if I decide to return to the US in the future.
1. Is there any difference in moving to India before or after filing for my H1B extension if I plan to return to the US with the same or different employer?
2. Additionally, is there a time limit within which I must return to the U.S. with the same or a different employer with an approved I-140?
3. Do I need to go through the H1B lottery again anytime if I want to return in the future?
4. Does it matter if my PD is current when I return to the US?
FAQ Transcript
- There is no difference.
- Definitely, in about six years, there will be no issue.
- No.
- Yes, that can be a problem.
Extending parent's stay in the U.S. beyond six months on a B-2 visa
Question details
I have a question about my mother's stay in the US on a visitor (B2) visa. I am an IT Professional in the US on an L1 work visa along with my family (spouse & kid). My only sibling (younger sister) is also settled here in the USA. My father passed away a couple of years back in India. My mother is 60+ years of age, and currently, there is no family member in India to stay with her at all times. She visits the USA and stays with us for six months at a stretch during the year. Considering her health and emotional support needs, I am looking for options to have her stay with us long-term (beyond a six-month period in a year). As is the case in this scenario, are there legally valid options/exceptions for old-age single parents?
FAQ Transcript
Yes, it is possible.
Work authorization, visa stamping, and optimal strategy for a laid-off H-1B professional
Question details
- I was on an H-1B visa and got laid off. I then switched to a B2 visa to extend my stay in the US after the 60-day grace period. My B2 visa is about to expire. I can request an extension of the B2 visa, but I want to enroll in a master's or a PhD program. Once I switch to an F1 visa, will I be allowed to work on H-1B (or any other visa) if I get a full-time job during my course period? If I am allowed to work, can I also continue my course?
- When the F1 is approved, will I have to leave the US to get my visa stamped and re-enter (as I am currently on a B2 visa)?
- What would your suggestion be considering the different visa options I have? Should I extend my B2 visa or switch to an F1 visa?
FAQ Transcript
- Absolutely, you can convert back to H-1B, and you can continue your course.
- No.
- If you think you can find a job in the next six months, stay on the B-1/B-2. But if you think that's dicey or unknown, I would rather have you spend your time studying, getting more education, and, if possible, getting curricular practical training.