USCIS Updated Forms - Petition for U Nonimmigrant Status and Application for T Nonimmigrant Status
USCIS recently updated the following form(s):
Petition for U Nonimmigrant Status
12/06/2021 01:32 PM EST
USCIS recently updated the following form(s):
Petition for U Nonimmigrant Status
12/06/2021 01:32 PM EST
Release Date
U.S. Citizenship and Immigration Services announced clarifying guidance on how USCIS determines whether an O-1B beneficiary will be evaluated as a person of extraordinary ability in the arts or as a person of extraordinary achievement in the motion picture or television industry when a case has elements of both.
Discussion Topics, Jan 20, 2022 FAQs:
1. EB-1B for postdoctoral holder after a gap of several years in career 2. Date of birth and name corrections in birth certificate 3. COVID-19 delays in tourist/visitor extensions for B-2 holding parent and applying for their green card
1. My Son was born in February 2020 in the USA, where my wife is on an F1 visa working on OPT. Due to the Covid19 pandemic, I couldn't meet my son for two years. Kindly suggest to me the way forward to meet my son and wife. I also tried to travel on a tourist visa and F1 Visa. Unfortunately, I got both rejections. I'm an Indian taxpayer and an IT employee.
2. My brother is a US citizen, and he applied for our mother's green card. Everything is clear, all paperwork is done, but due to the pandemic, we are waiting for the interview date from March 2021. Do you have any information on how we get the date or how much time it will take?
3. My daughter is in Dallas, US, and under medical treatment. She is there with an IN40 visa. As a father, I want to be there during her medical urgency. How can I get a visa now to be with her in the US?
4. I am a US citizen currently in India. I am traveling back to the States in mid-February for two months and want to take my Indian-citizen senior citizen mother with me for that duration. Her last US tourist visa expired eight years ago. (She has an active Schengen visa on her passport) Is there a way she can get a short-term two-month visa to the US?
5. I stayed outside of the US for more than two years because of COVID-19. Am I eligible for naturalization? I came to the USA in August 2016.
*Please note that the queries have been put together and edited by the Economic Times to address similar questions at once and that the answers are clear and relevant to the audience.
1. My Son was born in February 2020 in the USA, where my wife is on an F1 visa working on OPT. Due to the Covid19 pandemic, I couldn't meet my son for two years. Kindly suggest to me the way forward to meet my son and wife. I also tried to travel on a tourist visa and F1 Visa. Unfortunately, I got both rejections. I'm an Indian taxpayer and an IT employee.
Note: For the NRI readers, The Economic Times has started an immigration helpdesk. A team of experts which includes Rajiv S. Khanna will address the most pressing issues. Please see the link below.
Release Date
U.S. Citizenship and Immigration Services today announced that the initial registration period for the fiscal year 2023 H-1B cap will open at noon Eastern on March 1 and run through noon Eastern on March 18, 2022. During this period, prospective petitioners and representatives will be able to complete and submit their registrations using the online H-1B registration system.
I am on H-1B working in the IT industry. My wife has H4 EAD, and with the same status, she is working in the hospital as a Physical Therapist.
1. Can her employer file for GC while she is on H4 EAD status?
2. If she is eligible for NIW, could you please let me know if the PWD and PERM are both required if her employer file for GC?
3. Can she use my priority date to file an adjustment of status?
1. Absolutely
2. I doubt it.
3. No she cannot. That is one thing husband and wife cannot transfer to each other their priority date.
I am an international student currently of F-1 visa status and will be graduating in May-23. I have the below questions:
1. Can multiple companies / employers apply for H1-B on my behalf in this upcoming H1-B cap pool?
2. If yes, is there a possibility that the employers might get to know about this?
3. Should my name in the passport and birth certificate match exactly? My birth certificate has an abbreviation my last name but my passport has my complete last name.
When there is no connection between two companies, and they are not colluding to help somebody get an H-1B visa or increase their chances of getting selected in the H1B lottery, multiple companies can file. Interestingly, even different units within the same bigger company could file if they have a genuine need and not face any issues.
I am an LLM student on H4 (no EAD). My college offers paid and unpaid supervised externships (optional classes) for 2/3 credits as part of our course. Can I participate and work in an unpaid supervised externship on H4 without EAD?
Sure. I don't see any problem for you, the employer should watch out for themselves.
FAQs: Volunteering on a non-profit board committee while on H-1B or H-4 visa: Implications for visa stamping and green card process
Can an H4 EAD holder start a business in any state, or do they have to be in the same state as the primary applicant's H-1B?
Another question is can a relative's LLC file for H-1B if they have a need and it aligns with my MS coursework?
It can be done, but H-1B is not complicated that's absolutely straightforward.
My daughter was born in Canada and is on my H-1 visa as an H-4 dependent. She is currently studying 2nd year of her Bachelor's degree and will turn 21 in July/2024. I have a couple of questions, and they are
1. By what date/age she needs to change her status from H-4 to F-1?
2. Once on F-1 status, are there a minimum number of months/semesters/years she has to complete before being eligible for a CPT or OPT?
Release Date
U.S. Citizenship and Immigration Services issued policy guidance (PDF, 313.21 KB) on how USCIs analyzes an employer’s ability to pay the proffered wage for immigrant petitions in certain first, second, and third preference employment-based immigrant visa classifications.
Can a person on H-1B or H-4 visa be on the Board committee (Vice President) for the US based non-profit religious organization without pay (volunteer) ? Would it create any issue on visa stamping or GC process?
You can work if the company is non-profit. There is no issue as long as you do not get paid in any way. If it is a for-profit company you could have a problem unless they tailor make the program according to the principles of labor laws.
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Release Date
Lawful permanent residents may receive temporary evidence of their lawful permanent resident status by mail rather than physically visiting a field office to receive an Alien Documentation, Identification and Telecommunication (ADIT) stamp (also known as an I-551 stamp).
Lawful permanent residents are entitled to evidence of status and may require temporary evidence of their status in the form of an ADIT stamp if:
U nonimmigrants applying to become lawful permanent residents must now file Form I-485, Application to Register Permanent Residence or Adjust Status
Discussion Topics - March 23, 2023
FAQs: Handling H-1B visa and layoff : What happens if I get laid off before or after stamping my visa in India? || Marriage and relocation to the U.S. : Quickest path for prospective fiancé of U.S Citizen living in India || AC21 AOS portability: Pending AOS I-140 withdrawn before 180 days || What to do if one is in India during the PERM and I-140 process ||
Release Date
H-1B Initial Electronic Registration Selection Process Completed
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Immigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
Immigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney