Community Conference Call, June 10, 2021. Presented by: Rajiv S. Khanna (Every Other Thursday)
Nonimmigrant Visas
Discussion Topics, Thursday, June 10, 2021:
Discussion Topics, Thursday, June 10, 2021:
Release Date
06/14/2021
Effective June 14, 2021, the Vermont Service Center will no longer receive any incoming mail at the St. Albans, VT facility, which is being decommissioned.
Mail sent to the previous addresses will be forwarded for one year, but any mail sent to the previous addresses after June 2022 may be returned to the sender by the United States Postal Service or the courier service used.
Please refer to the chart below for the updated addresses.
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Previous Address |
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Release Date
06/23/2021
U.S. Citizenship and Immigration Services announced it will accept resubmitted fiscal year (FY) 2021 H-1B cap-subject petitions that were rejected or administratively closed solely because the requested start date was after Oct. 1, 2020.
Discussion Topics, Thursday, June 24, 2021:
FAQ: Consequences of B-1/B-2 Visa Extension applied and leaving the USA || Changing Multiple Jobs While AOS I-485 is Pending - Consequences || I-129 Nunc Pro Tunc Request
This article was submitted to and published in The Economic Times.
Link to Rajiv's Author Page in The Economic Times.
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Discussion Topics, Thursday, July 08, 2021:
FAQ: I-140 Employment Authorization (EAD) in Compelling Circumstances || Criminal Charges in Immigration - Domestic Violence Laws and Risk in Applying for I-485
Discussion Topics, Thursday, July 22, 2021:
U.S. Citizenship and Immigration Services (USCIS) announced that it will begin accepting H-1B petitions subject to the fiscal year (FY) 2011 cap on April 1, 2010. Cases will be considered accepted on the date that USCIS takes possession of a properly filed petition with the correct fee; not the date that the petition is postmarked.
In March 2021, USCIS conducted an initial random selection on properly submitted electronic registrations for the fiscal year (FY) 2022 H-1B cap, including for beneficiaries eligible for the advanced degree exemption. Per regulation, USCIS uses historical data related to approvals, denials, revocations, and other relevant factors to calculate the number of registrations needed to meet the H-1B cap for a given fiscal year.
Discussion Topics, Thursday, August 05, 2021:
FAQ: What Happens if H-1B Employer Revokes a Quota H-1B Before October 1? || Multiple Employers or Jobs on I-485 EAD|| How Long Can You Be Unemployed on AOS EAD/AP? || Taking a Long Break After Receiving Employment-Based Green Card || Downgrading EB2 to EB3 for Both Husband and Wife and CSPA or Derivative Beneficiary for Daughter.
Note: For the NRI readers, The Economic Times has started an immigration helpdesk. A team of experts which includes Rajiv S. Khanna addresses the most pressing issues. Please see the link below.
US travel ban: NRI Helpdesk: Can IR-5 immigrant visa holders travel to US despite travel ban? - The Economic Times
Published by: The Economic Times: December 15, 2021
Quotes and Excerpts from Rajiv in the article:
Published by: The Economic Times - Date: December 20, 2021
Synopsis
According to the U.S. Bureau of Labor Statistics, the number of job openings has increased to a record 11.0 million. The 27 million small businesses, responsible for almost 50% of the GDP, are the most severely affected. They cannot find workers. A Bill like this would destroy them.
For more on this article please see the attachment below.
Release Date
12/21/2021
The Department of Homeland Security has published a final rule that withdraws the Modification of Registration Requirement for Petitioners Seeking to File Cap-Subject H-1B Petitions final rule, also known as the H-1B Selection Final Rule, issued Jan. 8, 2021. That rule was vacated by the U.S. District Court for the Northern District of California.
For latest updates, watch this video with Rajiv from Dec 28, 2021.
Discussion Topics: FAQ: L-1B or TN visa for intracompany transfer - advantages and disadvantages || STEM-designated MBA - is it easier to get an H-1B visa?|| Parent's EB-2 approved, EB-3 downgrade pending, - will aging-out child's EAD interfere if EB-2 advances, and the best way to maintain the status of a child turning 21|| Do we have to refile PERM or I-140 0r I-485 due to corporate restructuring/successor-in-interest
FAQ: Consular processing employment-based green card with a job offer from a different employer
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
Release Date
01/28/2022
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.
Discussion topics:
U.S. Citizenship and Immigration Services (USCIS) issued updated guidance to adjudication officers to clarify what constitutes a valid employer-employee relationship to qualify for the H-1B ‘specialty occupation’ classification. The memorandum clarifies such relationships, particularly as it pertains to independent contractors, self-employed beneficiaries, and beneficiaries placed at third-party worksites.
Topics: