On Sept. 1, we will change the direct filing addresses for certain petitioners filing Form I-129, Petition for a Nonimmigrant Worker. The changes apply to the following cap-exempt H-1B petitions:
Effective immediately, USCIS will begin accepting copies of negative consultation letters directly from labor unions relating to a current or future O nonimmigrant visa petition request. O-1 and O-2 nonimmigrant visas are available to individuals with extraordinary ability in science, education, business, athletics, or the arts, and individuals with extraordinary achievement in the motion picture or television industry, and certain essential support personnel. A consultation letter from a U.S.
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.
This is the latest release from USCIS. I think they are misreading the fees requirement. The law seemed to require higher fees only for L-1 employee counts (see my highlighted comments below under 19 December 2015 entry). The current USCIS release counts both L-1 and H-1 employees even for H-1 filing fees. We will wait and see if this clarified
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.
Discussion Topics, Thursday, 11 February 2016:
FAQ: Traveling on EAD, Advance Parole, H-4; Does changing jobs require restarting green card; Returning to H-1 after I-485 EAD; Birth certificates and affidavits of birth, non-availability certificate, secondary evidence; E-3 visa change of employers and filing green card; Options after 6 years of H-1 are completed; Extending B-2 visa and status for dependent parent; Effect of change in project on EB-1C (International Managers/Executives) green card.
Other: H-4 for autistic son over 21; H-1 amendment location has changed; Using B-1 B-2 visa after Advance Parole expire, I-485 is abandoned; H-1 reuse and quota; I-140 priority date transfer and returning to old employer; H-1 quota if no visa was stamped; I-485 RFE; Correcting errors on Form I-130; Starting green card with new employer, porting (transfer of) priority date; AC21 changing jobs while RFE is pending; Denial of Form I-751, conditional permanent residence (green card); Resetting the clock on H-1B and L-1B; H-4 EAD issues; Applying for change of status from H-3 to F-1.
US Work and Immigration Options for Foreign Professionals
On February 12, 2018, the Texas Service Center (TSC) will begin processing certain Form I-129, Petition for a Nonimmigrant Worker petitions for L nonimmigrant classification, also known as L visas. The TSC will share this workload with the California Service Center to balance workloads and to provide flexibility as USCIS works towards improving processing times and efficiency. The Vermont Service Center will no longer process any new Form I‑129 petitions requesting L nonimmigrant classification.
USCIS has changed the direct filing addresses for where to file certain forms for beneficiaries who will be working or training in Florida, Georgia, or North Carolina. The changes are as follows:
Release Date
03/18/2022
U.S. Citizenship and Immigration Services is updating guidance in the USCIS Policy Manual to address the documentation that certain E and L nonimmigrant spouses may use as evidence of employment authorization based on their nonimmigrant status.
Please see the attached graphic for O-1A visas for people who possess extraordinary ability in the
You can right-click and open the image in a new tab on your browser.
Release Date
07/22/2022
U.S. Citizenship and Immigration Services today updated its Policy Manual to provide further guidance on evidence that can be used to support a petition for an O-1A nonimmigrant of extraordinary ability with a focus on science, technology, engineering, and mathematics (STEM) fields.
As part of the credit card payment pilot program, the Vermont Service Center is now accepting credit card payments using Form G-1450, Authorization for Credit Card Transactions, for petitioners filing Form I-129, Petition for a Nonimmigrant Worker, for O and P nonimmigrants.
I have reviewed the recent lawsuit settlement where the USCIS has agreed to consider H-4 holders to be eligible to continue working while their timely filed EAD extension is pending. Unfortunately, the settlement seems to state that the right to work is only co-extensive with your I-94 duration. Therefore, you do not have the right to continue working for 180 days; only till your I-94 expires. While it is better than nothing, the settlement is not everything that we would like to see.
Discussion Topics, Aug 18, 2022
FAQs: Change of employers after H-1B is approved and before October 1; the number of pay stubs required; revocation of H-1B before October 1 || I-140 was approved and then revoked in 2011. Can I keep my priority date and also apply for I-485? What is the deadline for filing I-485? || Impact of alternate wage survey for H-1B LCA; the success rates of H-1B extensions; AC21 rule when the company is bought by a successor-in-interest
The travel bans necessitated by the COVID pandemic have created much flux and uncertainty. Synthesizing the information now finally available from various US government sources, it is clearer now that many intending travelers can seek and obtain an exemption from the ban under a series of provisions for a National Interest Exception (NIE).
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
For latest updates, watch this video with Rajiv from Dec 28, 2021.
Release Date
01/13/2022
U.S. Citizenship and Immigration Services announced clarifying guidance on how USCIS determines whether an O-1B beneficiary will be evaluated as a person of extraordinary ability in the arts or as a person of extraordinary achievement in the motion picture or television industry when a case has elements of both.