H-1B Initial Registration Period
The initial registration period for the FY 2025 H-1B cap petitions will open at noon Eastern on March 6, 2024, and run through noon Eastern on March 22, 2024.
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Feb 24, 2024, Rajiv in QnA session on behalf of students, young professionals
Immigration.com
Nonimmigrant Visas
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mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
Recording for February 29, 2024 Conference Call with Rajiv S. Khanna
Nonimmigrant Visas
Immigration Law
Discussion Topics:
How to calculate time: H-1B grace period; H-4 COS; H-1B transfer delays
Question details
Could you analyze the following situation from an H-1B 6-year Max Out perspective (No Approved PERM or I-140)?
1. Employee gets laid off by her H1b employer on November 20.
2. Employee files for H4 COS + EAD through spouse on January 10.
3. Employee gets a new job on April 10 while H4 + EAD is still pending. New employer files for H1b transfer, though no premium processing.
4. H1b transfer gets approved (I-797A with I94 issued) on June 10.
5. Employee works on H1b status based on the approved petition from June 10 to July 10. H4 COS + EAD gets approved on July 10.
My questions are:
1. Does the November 20 - January 10 period (Grace Period) count towards the 6-year H1b Max Out?
2. Does the January 10 - April 10 period (pending H4 COS + EAD) count towards the 6-year H1b Max Out?
3. Does the April 10 - June 10 period (pending H4 COS + EAD and H1b Transfer) count towards the 6-year H1b Max Out?
4. Once the H4 COS + EAD petitions are approved, would the January 10 - July 10 period be counted as "Time Spend in H4 Status" based on the pending petitions that eventually got approved? If not, which period can be claimed as "Time Spend in H4 Status"?
Also, how does USCIS keep track of all this? Is it the responsibility of the employee to make the case to USCIS and claim time as "Spent in H4 Status"?
FAQ Transcript
Though USCIS doesn't track H-1B time independently, it's your responsibility to claim your time accurately. Time spent legally on H-4, B-1, or B-2 after the 60-day grace period and waiting for a change of status from H-4 to H-1 don't count towards your H-1B maximum duration. When applying for extensions or status changes, you can always accurately track and report your time on different visas. Remember, this is not legal advice; consult an immigration attorney for specific guidance.
OPT EAD errors and typos: Eligibility for resubmission or renewal strategy?
Question details
I graduated in May 2023. I'm currently working with an NGO and looking for a job. USCIS sent me my EAD with the wrong photo (typographical error) in August '23. I sent it back with the correct photo, and they sent me another EAD with the wrong photo in January '24. I also made a case to the Ombudsman, but they weren't able to assist me. Can I apply for a new EAD? (I've passed the 60 days after graduation period)
or should I use the EAD that's already there with me (with the wrong photo)?
or I can wait until EAD renewal and get EAD again How should I approach this situation?
FAQ Transcript
You can continue working legally despite the EAD photo error.
Apply for a replacement EAD with a fee waiver due to the government error.
Explore the "receipt rule" for potential work authorization while waiting.
Contact USCIS to explain the situation and request expedited processing.
Remember, this isn't legal advice, and consulting an immigration attorney is crucial for the most suitable course of action.
Visa Bulletin For April 2024
Number 88
Volume X
Washington, D.C
A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS
This bulletin summarizes the availability of immigrant numbers during April for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.
Agency
Green Card
Immigration Law
Q Cultural Exchange
There are two nonimmigrant visa categories for persons who want to participate in Exchange Visitor programs in the United States. The J nonimmigrant classification is for participants of exchange programs, designated by the Department of State, that are designed to promote educational and cultural exchanges between the United States and other countries. The Q nonimmigrant classification is for participants of international cultural exchange programs designated by the Department of Homeland Security.
Nonimmigrant Visas
Reminder: Certain Updated Forms Take Effect on April 1 with No Grace Period
Release Date
With the new fee rule that goes into effect April 1, 2024, you must use the new 04/01/24 editions of the following forms:
Overseas Citizenship of India (OCI)/Dual Citizenship
Please see: https://ociservices.gov.in/welcome
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Citizenship and Naturalization
PERM Processing Times (as of 2/29/2024)
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | February 2023 |
| Audit Review | December 2022 |
| Reconsideration Request to the CO | April 2023 |
Agency
Green Card
Immigration Law
Recording for March 14, 2024 Conference Call with Rajiv S. Khanna
Immigration.com
Nonimmigrant Visas
Green Card
FAQs: AC21 Supplement J and Salary Increase: Potential Issues with Job Porting and leaving the employer after green card || EB-3 PERM Green Card Application: Implications of Applying for a Future Promoted Role || EB-3 PERM Green Card Application: Implications of Applying for a Future Promoted Role || Staying in and Working from Home Country with Long-Pending I-485
DACA Renewal Processing Times
U.S. Citizenship and Immigration Service (USCIS) is committed to timely adjudicating DACA renewal requests.
AC21 Supplement J and Salary Increase: Potential Issues with Job Porting and leaving the employer after green card
Question details
Q1. My AOS is pending 180+ days, so which is less risky or will not cause problems when it comes to naturalization: (i) filing AC 21 and going with a new employer right after 180 days are complete, or (ii) leaving the current employer right after getting the green card?
Q2. Salary increase when filing ac21/485 j supplement: if I am filing an ac21 and the next job offers me a significant increase (2x) and 50% up from my current job, is it going to be an issue while filing a j supplement and porting a job?
Q3. What should I consider and keep in mind when changing from employer A to employer B when filing a J supplement (ac 21)?
Q4. Also, is it advisable and recommended that we stay with our employer for six months upon getting a green card? Or does it matter, and we can move as soon as we get the green card? Or should we stick with our employer for at least 3 months?
Q5. Suppose I am filing a J supplement (ac21) vs. moving right after from the employer from whom I just got the green card. Are both things considered the same, i.e., filing a J supplement and leaving the green card regarding consequences or future issues regarding citizenship/renewal? Or is one thing less risky compared to the second thing?
FAQ Transcript
In most cases, filing Supplement J before moving is preferable. It's a more transparent approach, indicating your intention to change jobs before your green card approval. Moving right after obtaining the green card may require explanations and potentially dishonest justifications for your decision to leave. Therefore, Supplement J is generally considered a better option.
EB-3 PERM Green Card Application: Implications of Applying for a Future Promoted Role
Question details
Q1. I-485 Filed for EB3 ROW Category While I am not in PERM Sponsored Role
I am stuck in the scenario where my green card was prepared for a future/prospective role, but the AOS/485 is filed, and I still do not have that prospective role (not promoted yet). What are the issues or risks if the green card is approved but I am not holding that future/prospective role? Is it necessary for me to be in the PERM-sponsored role (future role) at the time when USCIS approves I-485?
If the green card is approved and I am not given that future sponsored role, what are the issues/consequences? And how do we go about navigating this process?
Q2. Filing of GC
If my green card application is prepared for a future role and I am not in the perm-sponsored role (future role), i.e., I haven’t got a promotion while the AOS is filed, is it necessary for me to have that future role or not? If yes, then at what stage will the promotion be required for me to get a green card? And if I don’t get a promotion by the time the green card is approved, will there be any issues? If yes, what are the issues?
FAQ Transcript
Answer 1: There isn't an immediate risk if you haven't been promoted at the time of filing Form I-485. However, it's expected that you'll be promoted within a reasonable period after your green card approval, typically within four to five months. Failing to be promoted after approval may raise questions, but it's not inherently problematic as long as the intention to promote was genuine.
Answer 2: If you haven't transitioned into the future role after your green card approval due to unforeseen circumstances or company issues, there generally aren't significant consequences. As long as all parties acted in good faith, the failure to fulfill the anticipated role doesn't usually jeopardize your green card status. While this situation may be contentious, it's typically manageable and shouldn't pose a substantial risk to your immigration status.
USCIS Clarifies Anti-Discrimination Policy
U.S. Citizenship and Immigration Services announced agency-wide anti-discrimination guidance that addresses public-facing interactions and affirms the public service principles.
The Practical Lawyer Editorial Board Member Rajiv S. Khanna's Conversation With Tara Gonsowski
This article is part of the continuing series of interviews between The Practical Lawyer Editorial Board Member Rajiv S. Khanna and leading practitioners across the country, designed to provide personal and professional insights into various areas of the law.
Read more by clicking the pdf attachment.