Update to Filing Location for U Nonimmigrant-Based Form I-485
U nonimmigrants applying to become lawful permanent residents must now file Form I-485, Application to Register Permanent Residence or Adjust Status
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Laid off on I-485 AOS AC21
Recording for March 23, 2023 Conference Call with Rajiv S. Khanna
Immigration.com
Nonimmigrant Visas
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U.S. : Quickest path for prospective fiancé of U.S Citizen living in India || AC21 AOS portability: Pending AOS I-140 withdrawn before 180 days || What to do if one is in India during the PERM and I-140 process ||
Laid off on I-485 AOS AC21
Nonimmigrant Visas
Green Card
AC21, Adjustment of Status laid off related questions, including the following and more:
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Question: When applying for new jobs, do I need to ask for a new H-1B, or can I work using my current EAD and change employer?
Answer: You can go ahead and join with the EAD but keep the future plan of reactivating your H-1B.
Question: Like H-1B after termination, is there a 60-day rule? Does that rule apply to me also, even though I have an EAD?
Rajiv's Comments in the News - US EB-2 visa retrogresses for India: What it means for your Green Card application
Published by: The Economic Times: March 24, 2023
https://economictimes.indiatimes.com/nri/migrate/us-eb-2-visa-retrogres…
Quotes and Excerpts from Rajiv in the article:
FY 2024 H-1B Cap Season Updates
Release Date
H-1B Initial Electronic Registration Selection Process Completed
Multiple visas on passport: B-1/B-2 and H-1B Validity
Question details
Namaste! Rajiv ji, I have been listening to your podcasts discussing various situations and scenarios with valuable information about real life examples you share during your weekly podcasts and want to thank you for your time helping people like me through your forums. I have a question if you could share your thoughts on it I will greatly appreciate your response. If someone has a B-1 B-2 Visa valid for 10 years. Then they get H-1B Visa for 3 years and enters US using it. What happens to the B-1 B-2 Visa? Is it cancelled after H-1B is issued? If not, what if H-1B Visa expires or if it is revoked prematurely, does B-1 B-2 Visa still remain valid and can be used for travel in and out of US? Thank You!
The SOP should be that all existing visas are revoked when you apply for an H-1B. But, normally, consulates do not revoke existing visas like B-1/B-2. In such cases, those visas are still valid.
Does an H-1B Transfer approval overrule an earlier transfer?
Question details
I am on my 60 days grace period. I am doing H1B transfers and have one offer from a staffing company that I have joined already, and one offer from a full-time company. The staffing company has filed an H1B transfer in premium, and the full-time company is yet to file this coming week.
I have joined the staffing company. Suppose if H1B transfer with the staffing company gets approved this coming week. Does that transfer from my ex-company to a full-time company still stay valid, or now as H1B with the staffing company is approved I have to transfer it from staffing to a full-time company?
If two companies file for your H-1B transfer within the 60-day grace period, both approvals of the transfer are valid. One does not overrule the other. You can choose either one.
H1B transfer from cap exempt to non-exempt
Question details
I want to know how to transfer H1B from cap-exempt to non-exempt.
You will have to go through the lottery system to transfer. But concurrent employment is possible, keeping both exempt and non-exempt H-1B jobs simultaneously.
1099 on 2nd Concurrent H1B
Question details
Can I work part-time as 1099 (independent contractor) on a (concurrent) 2nd H1B? The work is related to my expertise/education and I currently have a full-time primary H1B employment.
An H-1B requires a W-2.
March 25, 2023, Rajiv in QnA on behalf of students and young professionals
Nonimmigrant Visas
Immigration Law
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
Immigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
March 10, 2023, Rajiv in QnA on behalf of students and young professionals
Nonimmigrant Visas
Immigration Law
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
Immigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
USCIS Updates Policy on Time Frames for Paper-Based Filings and Responses Ending on Saturdays, Sundays, or Federal Holidays
USCIS is updating the USCIS Policy Manual (PDF, 317.61 KB) to address situations when the last day to file a benefit request or respond to a USCIS action falls on a Saturday, Sunday, or federal holiday. In these situations, USCIS will consider a filing or response submitted on paper timely if USCIS receives it by the end of the next business day.
New Filing Address for Courier Delivery Services to USCIS Phoenix Lockbox
Release Date
U.S. Citizenship and Immigration Services has changed the filing location for courier delivery services to the Phoenix lockbox. The facility has moved to Tempe, Arizona, and the filing location for courier delivery services for UPS, FedEx, and DHL has also changed to Tempe. The filing location remains the same when using the U.S. Postal Service.
Provision Allowing Special Immigrant Juveniles to File Form I-360 in Person Before Their 21st Birthday
Petitioners for Special Immigrant Juvenile (SIJ) classification (or their representatives) may schedule an appointment within two weeks before their 21st birthday to file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, in person.
SIJ petitioners must file Form I-360 before their 21st birthday. SIJ petitioners nearing age 21 may call the USCIS Contact Center at 800-375-5283 to schedule an SIJ expedite appointment at a local field office so they can file Form I-360 in person within two weeks before they turn 21.
EB-5: Employment Based Immigration – Immigrant Investor Program
Congress created the Immigrant Investor Program, also known as the EB-5 program, in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors.
Eligibility
To qualify for the EB-5 program, a foreign investor must make a minimum capital investment into a new commercial enterprise that creates and/or preserves permanent full-time employment for at least 10 qualified U.S. workers.
You may be eligible to be classified as an EB-5 immigrant investor if you:
Green Card
USCIS Updates Policy Guidance on Self-Selecting a Gender Marker on Forms and Documents
Release Date
U.S. Citizenship and Immigration Services is updating policy guidance in the USCIS Policy Manual to clarify that, effective immediately, USCIS will accept the self-identified gender marker for individuals requesting immigration benefits. The gender marker they select does not need to match the gender marker indicated on their supporting documentation.
USCIS Removes 60-Day Rule for Civil Surgeon Signatures on Form I-693
Release Date
U.S. Citizenship and Immigration Services is removing the requirement that civil surgeons sign Form I-693, Report of Immigration Medical Examination and Vaccination Record, no more than 60 days before an individual applies for an underlying immigration benefit, including Form I-485, Application to Register Permanent Residence or Adjust Status. The requirement had been subject to a temporary waiver since Dec. 9, 2021.
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
Green Card
Immigration Law
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
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
USCIS Clarifies Guidance About How to Adopt a Child under the Hague Adoption Convention
Release Date
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.