U.S. Citizenship and Immigration Services (USCIS) will begin implementing the June 28 Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens Policy Memorandum (PM) (PDF, 140 KB) on Oct. 1, 2018. USCIS will take an incremental approach to implement this memo.
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.
USCIS transferred some of the following cases from the Vermont Service Center to the Texas Service Center:
For more information, see Workload Transfer Updates page.
FAQs: - Effect of I-140 revocation on priority date - H-1B extensions through any employer - Is there any law to provide legal stay to the parent of US citizen child with disability? - Status of off-site placed STEM OPT extension students - how does one change status while within the United States?
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.
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, 14 January 2016:
FAQ: Percentage arrangement for salary; Naturalization (citizenship) after lengthy stay abroad; H-1 6 years expiring, options; H-1 Cap exemption, visa stamped, but never worked; FAQ: Can I apply for H-4 visa if H-1 visa is rejected; can I convert from H-4 to H-1; Filing multiple PERM/green card petitions; Green card EB-1C international executive or manager, L-1A.
Other: Entering USA close to visa expiration; L-1B to L-1A and PERM; Transfer of priority date, green card through future employment, H-4 EAD based upon old employer’s I-140; H-4 EAD applying for green card, extending H-1; H-4 to H-1 conversion; Green card through future employer; Green card job duties, job title, promotion; G-315a RFE; Affidavit of birth; H-4 EAD and Change of Status; Priority date transfer, etc.
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?
Discussion Topics:
We successfully responded to an H-1B request for evidence (RFE), questioning the beneficiary’s maintenance of status. The beneficiary’s previous employer (Employer A) had submitted an H-1B extension. While the petition was pending the beneficiary’s nonimmigrant status expired. An RFE was subsequently received by Employer A, and following the filing of a comprehensive RFE response, the petition was denied.
The U.S. provides several nonimmigrant visa categories for persons wishing to study in the United States.
Discussion Topics, Thursday, May 27, 2021
FAQ: Not reporting change of address to the USCIS - Naturalization || Chances of getting an F-1 Visa when B-1 Visa was rejected earlier 214(b) denial
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
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.
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:
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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).
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.
For latest updates, watch this video with Rajiv from Dec 28, 2021.
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.
Discussion Topics, Thursday, 6 October 2016:
FAQ: Issues regarding changing jobs while on H-1:-- Is there a minimum time gap necessary to transfer H-1 from one job to another, change jobs| timing of resigning and joining; Errors in visa and passport; Name spellings different in various documents; Arrival departure records from-to Canada; Liquidated damages clause in H-1 employment contract; Applying for EB-1 if EB-2 is in process; Changing careers on H-1
Other: Indian passport for child born in USA; Priority dates movement; Work visa or status for students; Correcting errors in I-140 approval; Changing from B (visitors visa, tourist visa, business visa) to student status; Minimum days needed on passport expiration for visa entry; Processing through NVC; H-1B extension beyond 6 years; Visa dates movement, changing jobs on H-1, priority date transfer, approval of I-140; Adoption and immigration; Name discrepancy when applying for parents visa; Changing jobs, filing I-485, precautions for priority date transfer, etc
Radio Show Discussing Overview of the new I-140 EAD Regulations
Discussing I-140 EAD FAQ in community conference call