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USCIS Workload Transfer Updates
USCIS transferred some of the following cases from the Vermont Service Center to the Texas Service Center:
- Form I-539, Application to Extend/Change Nonimmigrant Status, for F, M, J, or B nonimmigrants
For more information, see Workload Transfer Updates page.
USCIS Changing Policy on Accrued Unlawful Presence by Nonimmigrant Students and Exchange Visitors
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.
Success in filing an I-129F (a K-1 Petition for Alien Fiancé(e))
We successfully assisted our client, a U.S. citizen, in filing an I-129F (a K-1 Petition for Alien Fiancé(e)) for his fiancée. The petitioner and beneficiary intended to marry within 90 days of the beneficiary entering the U.S. The evidence provided to prove their intent to marry, that they had met in-person, and were engaged included, but was not limited to: affidavits, copies of photographs of the couple and their families, flight tickets, hotel reservations, screenshots of videos, zoom meetings, and text messages. The petition was approved.
Nonimmigrant Visas
March 03, 2022 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)
Immigration.com
Nonimmigrant Visas
Discussion Topics, Thursday, March 03, 2022:
FAQ: Abandonment; can I leave the USA while a change of status is pending?/Stamping requirements || Relation between F-1 status and I-485 AOS (child covered under Child Status Protection Act (CSPA)) || Relation between F-1 OPT and H-1B lottery change of status and changing employers || Is doing an unpaid U.S. externship/observership with F-2 visa unauthorized employment? || Can parents of U.S. citizens travel to the U.S. on an existing B-2 visa while their GC is pending?
The Economic Times NRI Helpdesk: Can I extend my US visitor visa before it expires? And other FAQ's answered by Rajiv S. Khanna
Question: I have a visitor visa for the USA for multiple visits up to June-2023. Can I apply for an extension of the visa before the expiry date? Also, advise procedure for extensions and where I can get the application form, so I can keep all details ready.
Answer: I am not aware if there is a procedure to apply for a visitor visa extension before expiration. You can send an email to the consulate to confirm. There is, however, a restriction under the consular standard operating procedures on holding concurrently valid visas of the same type.
Guestbook Entry for Raja and Priya…, United States
Oct 14, 2021 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)
Immigration.com
Green Card
Discussion Topics, Thursday, October 14, 2021:
FAQ: Reentering the U.S.A. on a Visitor’s/Tourist Visa Soon After Leaving || Can GC-EAD holder start business and what impact on the pending I-485? || FAQ: Can GC-EAD holders start a business and what impact on the pending I-485? || Is there a problem listing one location in a PERM application while living and working remotely in a different location? || EB-2/EB-3 Options in PERM Filing and EB-2 to EB-3 downgrade and upgrade
Student Visa Overview
Student Visa Overview
The U.S. provides several nonimmigrant visa categories for persons wishing to study in the United States.
Profession/Occupation
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
Business or Employment Related Travel to the USA During Ban - National Interest Exception NIE
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).
Do you Qualify for an NIE?
Applicants for Change of Status to F-1 Student No Longer Need to Submit Subsequent Applications to ‘Bridge the Gap’
Release Date
07/20/2021
U.S. Citizenship and Immigration Services today announced new policy guidance that eliminates the need for individuals who have applied for a change of status (COS) to F-1 student to apply to change or extend their nonimmigrant status while their initial F-1 COS application is pending.
Waivers of the Interview Requirement for Certain Nonimmigrant Visas
For latest updates, watch this video with Rajiv from Dec 28, 2021.
Recording of Free Community Conference Call (Every Other Thursday), 28 July 2016
Immigration.com
Agency
Citizenship and Naturalization
Discussion Topics, Thursday, 28 July 2016:
FAQ: Criminal record, affect on naturalization, other risks; Criteria for EB-1C, international managers and executives, impact of receiving benefits; Tourist/Visitors/B-2 visa denial 214(b); How long is an I-140 approval valid; Legalizing status; Change of work location after filing for naturalization N-400 - 90-day rule for domicile; Gap required on a B visa revisit.
Other: Student (M-1) Visa stamping, changing to F-1; N-600; Conflicting I-94 on H-1 extension and amendment; 221(g) on H-1 visa; Priority date transfer after I-140; J-2 EAD processing; Protecting H-1 holder's share in company, green card processing; H-1B transfer salary and reporting company; H-1B changing employers, etc.; spouse of green card holder issues; When to file I-140/AOS after PERM approval; Correcting records with CBP; Overstay on B visa alleged; etc.
Recording of Free Community Conference Call (Every Other Thursday), 15 October 2015
Immigration.com
Nonimmigrant Visas
Topics for Discussion:
FAQ: J-2 or J-1 with 212(e) HRR converting to F-1 student; FAQ: For PERM is formal certificate required or completion of degree is enough; Correcting dates on I-94; Travel while H-1 extension pending – change in I-94#; Changing employers - what immigration documents should I keep; FAQ: Maternity leave on H-1, FMLA and status.
Other: Multiple I-140 approvals; I-140 denial; Cap-gap extension; Effect of change in citizenship on H-1; PERM/AC21 and multiple I-485 filing; Family-based green card change in category; Child turning 21 – CSPA and derivative non-immigrant status loss; L-1A visa and EB-1C filing; Filing I-485 for spouse; PERM more than 50% different job; Cross chargeability; I-130 fraud by spouse; Maternity leave on H-1; AOS filing; F-2 COS; H-1quota, etc.
Successful K1 Visa (I-129 f) Expedite Request
Just wanted to let people know that it IS possible to get the I-129f processed in an expedited basis. (Note that this is just the I-129 f part of the whole K1 visa process - but it normally is the longest part)
Aug 20, 2020 Recording of Free Community Conference Call (Every Other Thursday)
Nonimmigrant Visas
FAQs: Changing jobs while I-140 pending and change in job title || Going to school while I-485 is pending || Issues in changing employers after I-140 approval.
OTHER: Fiance visa without a formal ceremony || Impact of Supplement J approval || Taking leave during H-4 EAD gap || H-4 EAD delay || Family-based I-485 interview rescheduled || Relocation while PERM green card is pending || Evidence of marriage || Applying for green card for parents || Applying for H-1 through two companies || Unlawful presence after H-1B denial, etc.
Rajiv's Article - The US will continue with its 2020 student immigration policies. Here's what that means for you
Published by: The Economic Times - Date: April 28, 2021
Synopsis
New or Initial F and M students who were not previously enrolled in a program of study on March 9, 2020, will not be able to enter the United States as a nonimmigrant student for the 2021-22 academic year if their course of study is 100 percent online.
For more on this article please see the attachment below.
Updated List of SEVP Approved Schools
ICE updated its list of Student and Exchange Visitor Program approved schools. Please visit the link below.
https://studyinthestates.dhs.gov/assets/certified-school-list-04-28-21…
M Visa Overview
SummaryThe Immigration and Nationality Act provides nonimmigrant visa categories for persons wishing to study in the United States. The "F" visa is reserved for nonimmigrants wishing to pursue academic studies and/or language training programs, the "M" visa is reserved for nonimmigrants wishing to pursue nonacademic or vocational studies and "J" Visa is reserved for nonimmigrants who wants to participate, and intends to participate, in an exchange visitor program designated by the Bureau of Education and Cultural Affairs. |
Nonimmigrant Visas
USCIS Updates Policy Guidance for International Students
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance regarding the F and M student nonimmigrant classifications, including the agency’s role in adjudicating applications for employment authorization, change of status, extension of stay, and reinstatement of status for these students and their dependents in the United States.
M Visa Processing times & status checks
Processing Times
- USCIS Service Center Processing Times
- California Service Center
- Nebraska Service Center
- Texas service Center
- Vermont Service Center
Nonimmigrant Visas
M Visa Services and Fees
Please see this link or contact your university for fee information.