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Will Duration of CPT Violate Status and Impact H-1B?
I am pursuing my PhD from a well established accredited university in the USA for over 5 years. My PhD is likely to get over by Feb/March 2021. My PhD has a provision of doing day 1 CPT and I have been on CPT since my first semester ( Fall 2015) to date. My CPT is related to my area of PhD. My DSO has been regularly, updating every semester and endorsing my I-20 with my CPT details.
My questions are as follows:
1. Am I violating my status by doing this CPT?
2. Will this CPT for such a prolonged period impact my chances for an H-1B visa?
Answer 1. In my opinion, you are not violating your status. The USCIS interpretation of CPT is flawed. In my opinion, CPT should be available as long as the course requires. That is true even if the CPT goes on for several years.
Answer 2. In the worst-case scenario, if the government continues in their illegal interpretation of the CPT rules, they can make you go outside the United States for H-1B visa stamping. I do not see how the consulate can deny a visa on the grounds of using CPT. You have done everything by the book.
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
Visa Bulletin For May 2024
Number 89
Volume X
Washington, D.C
A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS
This bulletin summarizes the availability of immigrant numbers during May 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
Staying outside the US on Re-Entry Permit Validity, Usage, and Multiple Entries for Green Card Holders
Background Context
Applied for I131, ReEntry Permit for my parents, who hold GC
Receipt Notice: 12/27/2022
Biometrics: Jan 2023
Left US: March 1, 2023
Approval Notice received: 03/07/2024 with validity from 02/29/2024 to 02/27/2026
Question
While the intention is to be back in the US as soon as possible, can parents stay outside US till 02/27/2026 or do they need to be back before Feb 25, 2025 (as it would be two years by then since they left)?
Can the re-entry permit be used for multiple entries, or is it just for one-time use?
One can stay outside the US for the entire validity period of the re-entry permit, and yes, they can use it for multiple entries during that time.
Unemployment Benefits for H-1, H-4 + EAD Holders with Previous H-1B Employment
Can someone in H4 + EAD status receive unemployment benefits if they only worked on H1b status? Would receiving such benefits be considered a public charge or have any other negative impact down the road?
Unemployment benefits in the US vary by state and can be complex. If you are an H1B visa holder who has been laid off, you may be eligible for benefits during your 60-day grace period, but it's important to confirm with your state's unemployment office. Regardless of your visa situation, it's important to remember that unemployment benefits are considered an earned benefit funded by your employer's contributions, so there's no public charge concern. Always check with your state's unemployment office for specific requirements and the application process.
AAO Processing Times (January - March 2024)
The AAO reports its processing times by form type, displaying the total number of completions for the quarter and the percentage completed within 180 days, which is our goal.
The administrative appeals process has two stages: initial field review and AAO appellate review.
Immigration Law
April 13, 2024, Rajiv in QnA session on behalf of students, young professionals
Immigration.com
Nonimmigrant Visas
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
EB-2 / EB-3 PERM Services and Fees
The fee schedule for green card through labor certifications as follows:
| 1. |
Legal Fees (for our Office)$6,800 ($3,200 for preparing the Labor Certification Application at the commencement of the case followed by $2,400 for preparing Form I-140, Immigrant Petition for Alien Worker; and $1,200 for preparing Form I-485, Application to Adjust Status/Consular Processing. |
Green Card
PERM Processing Times (as of 3/31/2024)
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | March 2023 |
| Audit Review | December 2022 |
| Reconsideration Request to the CO | May 2023 |
Agency
Green Card
Immigration Law
Recording for April 11, 2024 Conference Call with Rajiv S. Khanna
Immigration.com
Green Card
Discussion Topics:
Family Based Green Card Services and Fees
Note: Fees are payable by personal checks.
Note: For governmental Requests For Evidence (RFEs), we charge extra based upon the complexity of the issue(s).
Green Card
EB-5 Investment Green Card Services and Fees
The fee schedule for EB-5 Direct Investment (fees are payable by personal or corporate checks) is as follows:
| 1. | Legal Fees (for our Office):
$15,000 payable as follows for preparing I-526 Immigrant Petition: $10,000 at the commencement and the second installment of $5000 on the 1st day of the following month. |
Green Card
EB-2 (Schedule A) Exceptional Ability/Advanced Degree Alien Services and Fees
The fee schedule for Green Card through EXCEPTIONAL ABILITY/ADVANCED DEGREE ALIEN (Schedule A- Group II, fees are payable by personal checks) is as follows:
| 1. | Legal Fees (for our Office):
$5,800 ($4,600 at the commencement of the case and |
| 2. |
Filing Fees (to the USCIS): Single Applicant |
Green Card
EB-3 (Schedule A) Physical Therapists Services and Fees
The fee schedule for EB-3 (Schedule A) Physical Therapists (fees are payable by personal or corporate checks) is as follows:
| 1. | Legal Fees (for our Office):
$5,800 ($4,600 at the commencement of the case and |
| 2. |
Filing Fees (to the USCIS): Single Applicant |
Profession/Occupation
EB-3 (Schedule A) Nurses Services and Fees
The fee schedule for EB-3 (Schedule A) NURSES (fees are payable by personal or corporate checks) is as follows:
| 1. | Legal Fees (for our Office):
$5,800 ($4,600 at the commencement of the case and |
| 2. |
Filing Fees (to the USCIS): Single Applicant |
Profession/Occupation
EB-4 Religious Workers Services and Fees
The fee schedule for EB-4 (fees are payable by personal or corporate checks)is as follows:
| 1. | Legal Fees (for our Office):
$5,800 ($4,600 at the commencement of the case and |
| 2. |
Filing Fees (to the USCIS): Single Applicant Forms I-360, I-485, See USCIS Fee Calculator |
| 3. |
Federal Express Expenses: approximately $300 -$400 |
Green Card
E Visa Services and Fees
Fee schedule for E-1/E-2 visa classification (payable by personal or corporate checks)
Note: For governmental Requests For Evidence (RFEs), we charge extra based upon the complexity of the issue(s).