Form I-485 Notice of Intent to Deny (NOID)
Topics of Discussion: Reentry permit|| OPT STEM extension|| I-485 RFE and EAD Card|| F2A priority date and filing I-485|| Apply for COS to F-1 visa|| Convert to O1 visa and then to GC|| Passport Impounded in INDIA: H1B Visa status invalid?
Discussion Topics, Thursday, 20 June 2019:
FAQ: Impact on current H-1B if another H-1B is denied ||H-1B joining another employer while a transfer, extension or amendment is pending|| When does one become H-1B cap exempt - change of status/visa stamp? ||What to do when past immigration problems are causing a current visa denial? || Downgrading from EB-2 to EB-3 || Can priority dates be transferred between husband and wife? || Applying for green card while on student (F-1) visa.
Other: Transferring EB priority dates || I-485 delay || EB-5 travel || B-2 visa extension || Consequences of H-1B extension denial || EB-1C eligibility || Multiple H-1B transfers simultaneously || Travel on AC21 Advance Parole, etc.
Topics of Discussion:
- Change of status from H4-EAD to H-1B
- STEM OPT EXT
- EB5 investment requirement
- I-485 using cross chargeability
August 08, Discussion Topics
-DOB in Passport different from Birt Certificate
-Impact on I-140 if company closes
-Change of status from F-1 to H-1 denied
-Difference between AR-11 and I-865
-Investor Visa process
Discussion Topics, Thursday 19 July 2018:
FAQ: Getting promotions or changing job description while green card is pending || H-1B petition revocation during visa process/reaffirmation || Section 245(K) protection during AOS/I-485 || Specific issues in the Trump NTA policy for denials || Other: Humanitarian parole || How long can a green card holder stay outside the USA || TN TD issues || Registering for Selective Service || Getting married after getting a green card || Applying for advance parole || H-1, H-4 premium processing || Birth certificate for I-130 || F-1 COS denied for H-1B || Correcting priority date errors || H-1B quota where no COS or Visa || I-539 bridge petition
USCIS is updating the Optional Practical Training Extension for STEM Students (STEM OPT) page of the website to clarify the reporting responsibilities for participating in the STEM OPT program. Students and employers must report material changes to the Designated School Official (DSO) at the earliest opportunity by submitting a modified Form I-983. Employers must report the STEM OPT student’s termination of employment or departure to the DSO within five business days. As previously indicated on the webpage, stude
F-1 students who have an H-1B petition that remains pending on Oct. 1, 2018, risk accruing unlawful presence if they continue to work on or after Oct. 1 (unless otherwise authorized to continue employment), as their “cap-gap” work authorization is only valid through Sept. 30.
Discussion Topics, Thursday, October 25, 2018:
FAQ: Travel during N-400 naturalization process || Impact of extending B-1 B-2 stay || Filing H-1B without an end client letter (supplied later)||NTA in employment based visa
Other: Marry a LPR holder || Changing jobs on the AC21 using supplement J || F-1 STEM OPT || Port back from EB3 TO EB2
U.S. Citizenship and Immigration Services and the U.S. Customs and Border Protection (CBP) are extending the joint agency pilot program for Canadian citizens seeking L-1 nonimmigrant status under the North American Free Trade Agreement (NAFTA) through April 30, 2019. Earlier this year, the USCIS California Service Center (CSC) and the CBP Blaine, Washington, port of entry (POE) announced this pilot program which was scheduled to run from April 30, 2018, through Oct.
FAQ's
Impact of unlawful presence || Unlawful presence for minors ||How can I downgrade from EB2 to EB3 and the consequences || Traveling abroad while H4 EAD is pending || Filing change of address || Starting business while on student visa || Being without a job on AC21 || Citizenship for employees of consulting companies who have projects in different cities after green card || The new restriction on 12 months of CPT OPT combined – – consequences of H-1B denial on OPT || Not worked for green card sponsoring company – – fraud implication for naturalization/citizenship ||
Other
Applying for a visa || Details of applying for a spouse based green card || Cancellation of visa at the airport || Applying for H1 visa || Quitting green card job after getting green card || quarter exemption scratch that H-1B quota exemption || CSPA || Applying for H4 visa while H one extension is still pending
Discussion Topics, Thursday, 29 November 2018:
FAQ: Effect of L-1A denial on approved EB-1C I-140 || Transfer of priority date on an I-140 -- process || Period of maximum stay allowed for tourist visa entrants || Continuing employment-based green card while moving outside the USA || Starting business on I-485 EAD|| Status expiring during the pendency of an H-1B extension || EB-2 approved applying for EB-3 || I-94 expired -- Unlawful Presence
Other: Travel during H-4 EAD || I-140 denial effect on concurrently filed I-485 || EB2 with a three-year bachelor’s degree || Green card for child born in Canada || H-1 transfer || 3 year H-1B extension || Four year delay in naturalization || Errors in H-1B approval || Fiance visa || Revocation of green card because of the company merger
USCIS has published a policy memorandum (PDF, 121 KB) (PM) clarifying the requirement that a qualifying organization employ a principal L-1 beneficiary abroad for one continuous year out of the three years before the time of petition filing (“one-year foreign employment requirement”).
Discussion Topics, Thursday 8 March 2018:
FAQ: Change of status to student F-1 while green card is in process || H-4 EAD termination and converting to H-1B ||If H-1B transfer is denied, can go back to my old employer? || When does AC21 job portability begin? || Can H-1B be extended through a new employer while the I-140 is in process? || Which jobs can qualify for an H-1B visa? || EB-1C for functional managers - overseas team inclusion || The 180 rule for priority dates/H-1B extension || Leave without pay for H-1B / Status
Other: When is an H-1B amendment required? || Errors in H-1B, amendment || L-1A working in multiple countries || Extensions of OPT when there are accreditation issues with college || I-140 approved changing jobs; no pay stubs applying for H-1B || Status of H-4 if H-1 is rejected || H-1B transfer issues where old H-1 revoked || Concurrent H-1B || Duration of H-1B based upon project duration varying through different vendors in the chain of contracts ||
On March 23, 2018, the Student and Exchange Visitor Program (SEVP) will launch the SEVP Portal for F-1 students participating in post-completion optional practical training (OPT) and M-1 students participating in practical training.
The portal will allow these F-1 and M-1 students to report personal and employer information directly to SEVP. Through the portal, these students will be able to:
From April 30, 2018, to Oct. 31, 2018, the USCIS California Service Center (CSC) and the U.S. Customs and Border Protection (CBP) Blaine, Washington, port of entry (POE) will implement a joint agency pilot program for Canadian citizens seeking L-1 nonimmigrant status under the North American Free Trade Agreement (NAFTA). This pilot is designed to facilitate the adjudication and admission process of Canadians traveling to the U.S. as L-1 nonimmigrants.
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today posted a policy memorandum (PDF, 179 KB)changing how the agency will calculate unlawful presence for students and exchange visitors in F, J, and M nonimmigrant status, including F-2, J-2, or M-2 dependents, who fail to maintain their status in the United States.
USCIS reminds F-1 students on Optional Practical Training (OPT) that transferring to another school or beginning study at another educational level (for example, beginning a master’s program after completing a bachelor’s degree) automatically terminates their OPT as well as their corresponding employment authorization document (EAD).
FAQ: Can EB-2 approved file for EB-3?
ALERT: Although F-1 nonimmigrant students with degrees in science, technology, engineering, or mathematics (STEM) may apply for a 24-month extension of their post-completion OPT employment authorization, our policies regarding the cap-gap extension remain the same.
Discussion Topics, Thursday 21 June 2018:
FAQ: Changing jobs after I 140 approval || Can a green card be filed for me if I am on H4 or L2 or F1 – – any status other than H-1B or L-1A? || Can an employee withdraw an H-1B petition? || How to add forgotten information on to a naturalization application/N-400? Other: Changing jobs when an appeal to the Department of Labor (BALCA) is pending || Trading stocks while on H-1B or H4 status || Changing from H-1B to F1 status and back to H-1B again || How to extend my I 94 within the USA? || Obtaining EB2 with a three year degree || Procedure after a denied PERM is approved || Validity of I 140 after I 485 denial || Minimizing the future impact of an L-1A denial || Exemption from H-1B quota where visa is stamped but never joined the employer || WHD complaint against employer || Green card processing times || Receiving pension after surrender or loss of green card || Challenging wage levels determined by an employer || India EB-1 priority dates || Traffic violations in N400 || Checking status of PERM, etc.
Effective Monday December 21, 2015, per the Fiscal Year 2016 Consolidated Appropriations Act, the U.S. Consulate in Chennai will begin collecting an additional (U.S. dollar) $4,500 per application for all new Blanket L-1 applications.
This entry is now old law. The new law is at http://www.immigration.com/blogs/i-140-ead-regulations-effective-17-jan…
Note: Updated all of the regulations comments on 31 December 2015. I will keep adding, as needed.