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Revised Form I-765 Now Available - USCIS

10 years ago By Chief Editor

***Please note that you may not apply for employment authorization under the new H-4 rule until May 26, 2015***

USCIS recently published the revised Form I-765, Application for Employment Authorization with a 02/13/15, edition date. You can download the revised form and details about who may file and where to file Form I-765 from the USCIS forms page.

The revised Form I-765 contains the eligibility category (c)(26) for certain

USCIS Started Accepting EAD Applications for Certain H-4 Dependent Spouses

10 years ago By Editor

REMINDER: Do NOT submit an application for employment authorization (Form I-765) before May 26, 2015. USCIS will not accept a Form I-765 requesting employment authorization based on your H-4 status until the H-4 rule takes effect on May 26, 2015. If you submit a Form I-765 requesting employment authorization on this basis before May 26, 2015, USCIS will reject and return your application with the filing fee. You would then need to re-submit the application on or after May 26, 2015.

EB-2 National Interest Waivers (NIW) Services and Fees

8 years ago By admin

The fee schedule for Green Card through NATIONAL INTEREST WAIVERS  (fees are payable by personal or corporate checks) is as follows:

 1. Legal Fees (for our Office):

$7,000

($5,800 at the commencement of the case and $1,200 at the time of the preparation of I-485)



I-485 Legal fees for each dependent: $1,200
2.

Filing Fees (to the USCIS):

Forms I-140, I-485, I-765, I-131: See USCIS Fee Calculator

Green Card

USCIS Extends Transitional Parole for Certain Aliens Present in the Commonwealth of the Northern Mariana Islands

5 years ago By Chief Editor

USCIS announced that it will automatically extend parole, and employment authorization if applicable, for certain aliens present in the Commonwealth of the Northern Mariana Islands (CNMI). This specific extension of parole will apply only to current parolees whose parole status will expire on June 29, 2020.

USCIS Form Update - Application for Employment Authorization for Abused Nonimmigrant Spouse

5 years ago By Chief Editor

Starting 10/19/20, USCIS will only accept the 07/23/20 edition. Until then, you can use the 01/19/17 edition. You can find the edition date at the bottom of the page on the form and instructions.Application for Employment Authorization for Abused Nonimmigrant Spouse07/23/2020 12:23 PM EDTFor more information, please visit  Forms Updates page.

H-1B and I-140: Moving to India & Future Return to the U.S.

9 months ago By Chief Editor
Question details

I would appreciate some insights on my H-1B and green card process. Here’s my situation:

I currently have an H-1B visa valid until July 2027.

My company has filed for PERM with a priority date of October 2024.

If things go as expected, I anticipate my I-140 approval around May 2026 (with premium processing, if things go smoothly and I receive my DOL approval around Feb 2026, calculating around 15+ months from Oct 2024).

I’m considering moving to India around January/February 2027, which would be about 180 days after I-140 approval (if that helps retain I-140 benefits even if I go to India; if not, I would be moving earlier).

My questions:

Impact on H-1B if I move to India

What would happen to my H-1B if I joined a different employer in India?

What happens if I stay with the same U.S. employer but work from India?

Returning to the U.S. after H-1B expiration

If my H-1B expires while I’m in India and I haven’t renewed it, let's say that in the future, I will get an employer and want to re-enter the USA. Would the process be expected for the employer, like filing for a change of employer and me getting a new stamp in the Indian embassy, or would it have some additional complications?

I-140 and Priority Date Retention

Will my I-140 priority date remain intact if I am in India and later re-enter the USA for a different employer based on the answer to the above question?

If I get a new job in the U.S. later, what must my future employer do to transfer or use my existing priority date for the new green card process?

 

FAQ Transcript

If you move to India (or another country) after your I-140 approval, your H-1B with your current employer will likely be revoked unless they continue paying your U.S. salary. If your H-1B expires while you are abroad, you can return to the U.S. on H-1B with any employer, as your I-140 remains valid after 180 days. However, you must restart your green card process with a new employer. Your I-140 priority date remains intact, even if you switch from EB-2 to NIW or EB-1A.

 

NIW I-485 rejected: Refiling options and priority date usage?

9 months ago By Chief Editor
Question details

1. If NIW I485 is rejected. Can we refile I485, or need to start a new NIW case from I-140 stage?

2. NIW I485 is rejected. If I refile the new NIW and it is approved, can the previous NIW's priority date be used for this new NIW's AOS?

3. How will the Trump administration affect NIW I485 cases? Would you suggest any precautions?

4. Can petitioner file multiple NIWs simultaneously with different endeavors?

 

FAQ Transcript

If your NIW I-485 is rejected but your I-140 is still pending or approved, you can refile the I-485 without starting a new NIW case. However, consult your lawyer for any case-specific nuances.

If you file a new NIW and it gets approved, you can use the priority date from a previous NIW only if the prior I-140 was approved.

As for multiple NIW filings for different endeavors, it is theoretically possible but may weaken your case by making it appear unfocused.

 

Certain Renewal Applicants for Employment Authorization to Receive Automatic 180 Day Extension

2 years ago By Chief Editor

Release Date 

10/27/2023

Certain renewal applicants who have filed Form I-765, Application for Employment Authorization, qualify for an automatic extension of their expiring employment authorization and/or employment authorization documents (EADs) while their renewal application is pending. Starting today, those who are eligible will receive 180-day extensions in accordance with existing regulations, including those who have applied for or have received Temporary Protected Status or asylum.

NBC Updates – 04/02/10

15 years ago By Chief Editor

Work permits and c9 I-765 application - The center recommends applicants and attorneys to follow the current Pre-Order Instructions which points out that applicants should file the renewed I-485 application with the TSC (Texas Service Center) when the form has been denied and renewed by the IJ. This also holds well when the applicant or attorney submits a new Form I-485 application to the IJ.

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