USCIS Forms Update Notice
USCIS recently updated the following form:
Form G-325A, Biographic Information (for Deferred Action)
10/25/2023 10:21 AM EDT
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Rajiv's Comments in the News - Canada to invite nearly 15 lakh immigrants in next three years, but can India retain the top spot? Explained
Published by: Live Mint: November 02, 2023
https://www.livemint.com/news/world/canada-to-invite-nearly-15-lakh-imm…
Quotes and Excerpts from Rajiv in the article:
Rajiv S. Khanna, Managing Attorney at Immigration.com, the Law Offices of Rajiv S. Khanna, PC, said, “Despite the tension, immigration wise, they don't have a choice."
USCIS Potomac Service Center Will No Longer Accept Paper Responses
Release Date
As of Aug. 21, 2023, the Potomac Service Center (PSC) has begun to move to a new facility in Camp Springs, MD, and can no longer receive paper responses to correspondence such as Notices of Intent to Deny (NOID), Notices of Intent to Revoke (NOIR), Intents to Deny (ITD), Requests for Evidence (RFE) or supporting documentation for filings currently pending at the PSC.
Biden AI Executive Order Including Immigration
Nonimmigrant Visas
The Biden Administration's Executive order regulating AI (and STEM immigration). Rajiv in conversation with Yudi. #immigration #AI #executiveorder
The Practical Lawyer Editorial Board Member Rajiv S. Khanna's Conversation With Devika Kewalramani
This article is part of the continuing series of interviews between The Practical Lawyer Editorial Board Member Rajiv S. Khanna and leading practitioners across the country, designed to provide personal and professional insights into various areas of the law.
Read more by clicking the pdf attachment.
Visa Bulletin For December 2023
Number 84
Volume X
Washington, D.C
A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS
This bulletin summarizes the availability of immigrant numbers during December 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
USCIS Changes Filing Location for Form I-907 With Form I-140
Release Date
U.S. Citizenship and Immigration Services will begin transitioning the filing location for Form I-907, Request for Premium Processing, when filed with Form I-140, Immigrant Petition for Alien Workers, from the service centers to the USCIS lockbox on Nov. 13.
AAO Processing Times (July - September 2023)
The AAO reports its processing times by form type, displaying the total number of completions for the quarter and the percentage completed within 180 days, which is our goal.
The administrative appeals process has two stages: initial field review and AAO appellate review.
Immigration Law
PERM Processing Times (as of 10/31/2023)
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | December 2022 |
| Audit Review | July 2022 |
| Reconsideration Request to the CO | January 2023 |
Agency
Green Card
Immigration Law
USCIS Updates Guidance for Special Immigrant Juvenile Petitions
Effective immediately, USCIS is updating guidance in the USCIS Policy Manual (PDF, 343.18 KB) for adjudicating Special Immigrant Juvenile (SIJ) petitions. This update will make the SIJ adjudication process more efficient for some applicants.
Nov 9, 2023, LinkedIn Community Audio Event - Immigration QnA with Rajiv
Immigration.com
Nov 9, 2023, LinkedIn Community Audio Event - Immigration QnA with Rajiv
Nov 17, 2023, 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
Nov 10, 2023, 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
Recording for November 16, 2023 Conference Call with Rajiv S. Khanna
Immigration Law
Green Card
FAQ’s:
- Working outside the United States on H-1B visa and the implications for remote employees
- Handling a temporary break on the H-1B visa: Transitioning from work to school and back
Other:
USCIS Forms Update Notice
USCIS recently updated the following form:
Form I-601A, Application for Provisional Unlawful Presence Waiver
08/31/2021 03:09 PM EDT
Edition Date: 08/31/21 E. USCIS will also accept the 08/31/21 edition. You can find the edition date at the bottom of the page on the form and instructions.
Tampa Asylum Office Moving to New Location
Release Date
USCIS’ Tampa Asylum Office is moving to a new location. Effective Dec. 11, 2023, the new address will be:
3924 Coconut Palm Drive
Tampa, Florida 33619
The current location will close to the public on Nov. 29, and the new location will open to the public on Dec. 11. USCIS will begin accepting mail at the new location on Nov. 29. However, the Tampa Asylum Office will not have walk-in hours until Dec. 13.
USCIS Forms Update Notice - G-884 and I-134
USCIS recently updated the following form(s):
Form G-884, Request for the Return of Original Documents
11/09/2023 03:22 PM EST
Edition Date: 11/09/23. Starting Jan. 29, 2024, USCIS will only accept the 11/09/23 edition. Until then, you can also use the 12/02/21 edition. You can find the edition date at the bottom of the page on the form and instructions.
Recording for November 30 2023, Conference Call with Rajiv S. Khanna
Nonimmigrant Visas
FAQs: H-1B visa transfer before arrival into the USA|| Employee paying for green card and H-1B premium costs || Using an old H-1B visa stamp of a different employer
Handling a temporary break on the H-1B visa: Transitioning from work to school and back
Question details
I am working on an H-1B visa, and I want to leave my job and join full-time school for a couple of years. I want to start working again using my same H-1B visa when my studies are completed. So, how can I do that by staying within the U.S.?
FAQ Transcript
If you have been through the lottery once, you're exempt for the next 6 years. You can go back and resume H-1B without worrying about the lottery. H-1B eligibility is based on your qualifications and job requirements, irrespective of your specific job role.
Working outside the United States on H-1B visa and the implications for remote employees
Question details
Is there any legal limit on how many days a H-1B employee can work outside the United States? A quick search around forums, I came across 30 workdays to 60 workdays being the limit BUT it was a comment from someone and hence unreliable.
My workplace in the USA is my home, I am fully remote and LCA filing has Place of Employment Information as my home address in the USA. I got picked on H1B just this year and I have been outside of the States since the 23rd of September. My H1B obviously started on Oct 1st and I have a situation here at my home and only planning to return in the middle of December. I had/have some days of leave/vacation in October and November. So, won't be fully working. I counted the days that I will work till mid-December, and it summed up to about 42.
FAQ Transcript
If your salaries are consistently paid, you can work outside the U.S. without any issue. This time spent abroad doesn't count toward the six-year H-1B limit. There's no legal limit on the number of days for remote work. Your fully remote status is supported by the LCA designating your home as your workplace. If you've been outside the U.S. since September 23rd and have specific concerns, please see an immigration lawyer’s assistance.
H-1B visa transfer before arrival into the USA
Question details
This is regarding the H-1B transfer from India before working for Employer.
I have the H-1B visa stamped with employer A, but now I want to transfer the H-1B to Employer B. I have not yet entered the USA and I have not started working for employer A.
Can I transfer the H-1B visa to new Employer B, and what are the mandatory documents that are required?
Also, I wanted to know if the pay slips are mandatorily required for H-1B Transfer as I don't have any. Looking for more details about pay slip requirements.
If I can transfer my H-1B to Employer B, then should I travel to the USA and then start the process or should I do it from India?
FAQ Transcript
Yes, you can transfer your H-1B visa from employer A to employer B even if you have the visa stamped with employer A and haven't entered the US. Pay stubs are not mandatory for this transfer, and you can travel on the old visa stamp with the new employer's H-1B approval. However, it's advisable to consult with H-1B lawyers before traveling. Ensure you obtain the H-1B approval from the new employer before entering the U.S.
Visa Bulletin For January 2024
Number 85
Volume X
Washington, D.C
A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS
This bulletin summarizes the availability of immigrant numbers during January 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
USCIS Changes Filing Location for Form I-907 for Pending Form I-140
Release Date
U.S. Citizenship and Immigration Services will begin transitioning the filing location for Form I-907, Request for Premium Processing, when filed for a pending Form I-140, Immigrant Petition for Alien Workers, from the service centers to appropriate USCIS lockboxes on Dec. 15.
USCIS Reaches Fiscal Year 2024 H-1B Cap
USCIS has received a sufficient number of petitions needed to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap, for fiscal year (FY) 2024.
USCIS will send non-selection notices to registrants through their online accounts over the next few days. When USCIS finishes sending these non-selection notifications, the status for properly submitted registrations that USCIS did not select for the FY 2024 H-1B numerical allocations will show: