Release Date
12/17/2024
Rule will provide greater benefits and flexibilities for U.S. employers and specialty occupation workers, helping to meet U.S. labor needs
I am in my first year of STEM OPT. My employer verbally committed to filing a cap-exempt H1B in 2026 so that I can get the H1B right about the time my STEM OPT expires.
If my boss is willing, can he:
Start my GC filing in 2025 before filing h1b in 2026 to save some time for my GC process. Or should I wait to get h1b first till 2026 and then start GC after that? Or file for GC concurrently with H-1B in 2026?
You can start the green card process before filing for H-1B, as they are separate. It's advisable to start the green card as early as possible rather than wait. For green card filing involving different locations, you can file either as a transferable job through the company headquarters or for a future job at the intended location. Always consult a lawyer for advice.
I got my H1B Approved (I have I-797B) through Consular Processing by Company A this year. After a few months, I got laid off from Company A and they Revoked my H1B petition (after Oct 1). I have not yet activated my H1B status (currently on STEM OPT EAD). The Immigration team at Company A said that I could do the Change of Status with Regular H1B Transfer from new employer. (As I would be considered Cap Exempt Individual with I-797B).
Can I know if I need to re-enter the lottery again or if it is possible to file a new H1B petition and change it to Company B?
If your H-1B was approved but not activated (e.g., through change of status or visa stamping), you likely need to re-enter the lottery if it’s revoked. However, if the H-1B was activated (e.g., you worked on it), revocation doesn’t usually require re-entering the lottery, though you may need to refile through a new employer. Always consult an attorney for specifics.
I was on H1B (shows automatically revoked), then switched to B2, then switched to F1 (current status) without leaving the US.
1 - Will automatic revocation of H1B cause any issues? Is it simply because the employer has submitted a withdrawal after terminating my role?
2 - When I find a new job that sponsors, will the revoked H1B cause any issues? I have only used 4 months of my initial H1B. It will be a switch from F1 to H1B if everything works out.
Just wanted to clarify what "Case Was Automatically Revoked" means; revoked - sounds a bit concerning. My role was terminated.
If your H-1B was automatically revoked after activation (i.e., you were already on H-1B status), it typically won’t affect future sponsorships or job changes. However, if it was revoked before activation, issues may arise, and it’s recommended to re-enter the lottery to ensure eligibility.
Q1: My brother was recently laid off from his current company. Let's say he applied for an H1B transfer within 60 days (grace period) with Company-A, and it’s still in process. Then, after 60 days, can he apply for an H1B transfer with Company-B (better opportunity)?
Q2: To follow up on the above scenario, if his H-1B is denied (company-A), how much time does he have to leave the country?
Q3: He was notified about his last day as Oct 30th. Does his 60-day grace period end on Dec 30th? Or is it 60 working days?
*Note: His current company said they have not revoked the H-1B.
If someone applies for an H-1B transfer within the 60-day grace period and later applies for another transfer after 60 days, they can file multiple petitions. However, for approval to continue working in the U.S., the first petition (filed within the grace period) must be approved. Otherwise, they may need to leave the U.S. for visa stamping.
The 60-day grace period starts the day after the last fully covered pay period, not the paycheck date, and it consists of calendar days, not working days.
Release Date
12/18/2024
U.S. Citizenship and Immigration Services today announced that it is updating Volume 1, Part A, of the USCIS Policy Manual to reflect the available avenues for case assistance or feedback.
Specifically, the update:
Quotes and Excerpts from Rajiv in the article:
Topics Discussed:
U.S. Citizenship and Immigration Services is updating the Policy Manual to clarify flexibilities that may be available to benefit requestors during and after an emergency or unforeseen circumstance.
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | August 2023 |
| Audit Review | December 2022 |
| Reconsideration Request to the CO | April 2024 |