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Changes to Direct Filing Addresses for Certain H-1B Form I-129 Petitions
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:
Recording of Free Community Conference Call (Every Other Thursday), 11 February 2016
Immigration Law
Green Card
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.
Recording of June 23, 2022, Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)
Nonimmigrant Visas
Green Card
Discussion Topics:
USCIS Issues Updated and Comprehensive Guidance on T Visa Adjudications
Release Date
10/20/2021
U.S. Citizenship and Immigration Services is issuing updated and comprehensive guidance in the USCIS Policy Manual on adjudicating applications for T nonimmigrant status (or T visas) submitted by victims of human trafficking, including clarifying how applicants establish eligibility.
Recording of August 18, 2022 Free US Immigration Community Conference Call with Rajiv S. Khanna
Immigration.com
Agency
Nonimmigrant Visas
Green Card
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
Rajiv's Comments in the News - A second H-1B cap lottery for fiscal 2023 is unlikely
Published by: The Times Of India: August 22, 2022
Quotes and Excerpts from Rajiv in the article:
According to Rajiv S Khanna, Managing Attorney at Immigration.com, “There may not be a second H-1B lottery this year. The USCIS has electronically issued several ‘non-selection’ notices, which is a step taken only when there will be no more lotteries.”
For more on this news please see the attachment.
USCIS Reaches Fiscal Year 2023 H-1B Cap
Release Date
08/23/2022
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) 2023.
USCIS has completed sending non-selection notifications to registrants’ online accounts. The status for registrations properly submitted for the FY 2023 H-1B numerical allocations, but that were not selected, will now show:
USCIS Updated Forms - Petition for U Nonimmigrant Status and Application for T Nonimmigrant Status
USCIS recently updated the following form(s):
Petition for U Nonimmigrant Status
12/06/2021 01:32 PM EST
Starting Mar. 14, USCIS will only accept the 12/06/21 edition. Until then, you can use the 04/24/19 edition. You can find the edition date at the bottom of the page on the form and instructions.
Application for T Nonimmigrant Status
12/02/2021 03:05 PM EST
DOL Updates FAQ on Prevailing Wages for H-1B, H-1B1, and E-3 Programs
The Office of Foreign Labor Certification has posted new and updated Labor Condition Application (LCA/ ETA Form 9035/9035E) Frequently Asked Questions (FAQs) for the H-1B, H-1B1 and E-3 programs.
For the new FAQs click here.
USCIS Updates to Form I-485, Application to Register Permanent Residence or Adjust Status and Supplements
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USCIS recently published an update to the following forms and supplements:
USCIS Publishes Interim Rule on T Nonimmigrant Status
The Department of Homeland Security (DHS) is amending its regulations governing the requirements and procedures for victims of human trafficking who seek T nonimmigrant status. DHS is also streamlining procedures, responding to public comments, and providing guidance on the statutory requirements for T nonimmigrants in order to ensure that the T nonimmigrant status (T visa) regulations are up to date and reflect USCIS’ adjudicative experience.
H-3 Visa Trainees
General Information
An H-3 classification applies to an alien who is coming temporarily to the United States:
(1) As a trainee, other than to receive graduate medical education or training, or training provided primarily at or by an academic or vocational institution, or
(2) As a participant in a special education exchange visitor program which provides for practical training and experience in the education of children with physical, mental, or emotional disabilities.
Nonimmigrant Visas
Rajiv's Article - This year's H-1B lottery: The Trump legacy of chaos must end - The Economic Times
Published by: The Economic Times - Date: January 07, 2021
Synopsis
For this year (FY 2021-22), the USCIS has attempted to change the lottery selection process to favor the highest paid employees first. That change is embodied in a proposed regulation, which can be published as a final rule any time.
For more on this article please see the attachment below.
USCIS Responds to CIS Ombudsman's Recommendation on Improving the Process for T & U Visa Applicants
USCIS, responds to the CIS Ombudsman's Recommendation 39: "Improving the Process for Victims of Trafficking and Certain Criminal Activity: The T and U Visas."
H-3 Visa Services and Fees
The fee schedule for H-3 classification (fees are payable by personal or corporate checks) is as follows:
| 1. | Legal fees(for our Office): $2,200 |
Nonimmigrant Visas
Rajiv's Article - Decoder: Could multiple H-1B lottery petitions be filed for the same employee? - The Economic Times
Published by: The Economic Times - Date: March 03, 2021
Synopsis
Often, multiple employers are competing to hire the same employee. It is obviously in the best interest of an employee to have multiple filings because that increases their chances of being selected in the electronic selection system (lottery). And equally obviously, this could amount to an abuse of the system if there were no checks on multiple filings.
For more details please see the attachment below.
USCIS Modifies Application for T Nonimmigrant Status
U.S. Citizenship and Immigration Services (USCIS) announced that it has revised Form I-914, Application for T Nonimmigrant Status (edition date 3/30/09). Previous editions of Form I-914 will be accepted for 30 days. The final date USCIS will accept previous editions of Form I-914 is June 6, 2009.
F-1 to H-1B lottery - How to transfer and change jobs from employer A to employer B?
Nonimmigrant Visas
Subscribe to our YouTube channel for the latest immigration updates in Biden Administration
The URL for the channel is:
http://youtube.com/immigrationdotcom
H-1B revoked by the USCIS - impact on Quota/lottery exemption
Nonimmigrant Visas
Subscribe to our YouTube channel for the latest immigration updates in Biden Administration
The URL for the channel is:
http://youtube.com/immigrationdotcom
Recording for January 18, 2024 Conference Call with Rajiv S. Khanna
Nonimmigrant Visas
Green Card
Discussion Topics:
FAQ: H-1B lay off 60 days grace, options including B-1/B-2, approved I-140, Severance pay || Optimizing H-4 EAD options and bundling premium processing for H-1B and H-4 extensions || Implications of visa fraud by an employer on H-1B, L-1, green card, citizenship || Advantages of a National Interest Waiver, transitioning to EB-1, entrepreneurship, and H-4 employment for spouse
H-1B Lottery Regulation Implementing Beneficiary-Centric Selection
DEPARTMENT OF HOMELAND SECURITY 8 CFR Part 214
[CIS No. 2766-24; DHS Docket No. USCIS-2023-0005] RIN 1615-AC70
Improving the H-1B Registration Selection Process and Program Integrity AGENCY: U.S. Citizenship and Immigration Services, DHS.
USCIS Draft Memorandum for Comment
USCIS seeks your input on the draft memoranda listed below. These memoranda are drafts of proposed or revised guidance to USCIS Field Offices and Service Centers. They are not intended as guidance for the general public, nor are they intended to create binding legal requirements on the public. Until issued in final form, the draft memoranda do not constitute agency policy in any way or for any purpose.