General Nonimmigrant Visa

USCIS Reaches Fiscal Year 2021 H-1B Cap

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) 2021.

USCIS has completed sending non-selection notifications to registrants’ online accounts. The status for registrations properly submitted for the FY 2021 H-1B numerical allocations, but that were not selected, will now show:

Rajiv's Article - Will the petition against H-1B visas harm you this year? - The Economic Times

Published by: The Economic Times - Date: February 15, 2021

Synopsis

Biden’s administration will do what is good for the USA. That is to be expected. It is obvious that the administration is inclined to take a hard look at the possible loopholes in the system that may be causing problems such as suppression of wages.

For more details please see the attachment below.

Rajiv's Article - Can an H-1B employee work from India? - The Economic Times

Published by: The Economic Times - Date: February 12, 2021

Synopsis

Until 2019, when a decision from the Department of Labor (DOL) changed the calculus, our answer to this question was: “An H-1B employee may work from outside the USA and be paid under any terms, not necessarily those required by the H-1B laws.”

For more details please see the attachment below.

Rajiv's Comments in the News - US to continue existing H-1B visa selection process in FY22

Published by: The Economic Times  - Date: February 06, 2021

Quotes and Excerpts from Rajiv in the article:

“(The new rule) would’ve created a new method of selection, with restrictions over and above what the statute provides. Wages are not a method of selection specified by the statute,” said Rajiv S Khanna, Managing Attorney at immigration.com.

Feb 4, 2021 Recording of Free Community Conference Call (Every Other Thursday)

Immigration.com

Immigration Law

Substantial transcription for video

FAQs: Filing Supplement J, staying without work on EAD, H-1B denial effect on I-485 Age Out/CSPA for children immigrating to the US

OTHERS: Completed I-765 form with a mistake, will the application get rejected || I-140 is withdrawn before 180 days of pending I-485 and EAD application || WD 7A1 stamp and future vacation travel to US || B-2 visa duration and extension || Getting a US Passport under Section 320 for a Minor || Wait for H-4 EAD or convert visa from H-4 to F-1 (finishing graduate degree online) by traveling to India for visa stamping || On F-1 visa stamped for 5 years for 1-year graduate course and unclear when required to leave || Applying for a re-entry permit after receiving green card || USCIS Receipt Notice Delays for I-140/EB-1C || H-1, H-4, EAD expiring: H-1 extension already filed || B-2 extension and RFE responses for parents during covid || Applying for H-4 after marriage with an approved I-140 || Moving to H-1B from Adjustment of Status if currently working on EAD || L-1A Stamping in Canada instead of India - Advantage || Maintaining H-1B status while waiting for green card || AOS filing and processing questions with H-1 and H-4 parents and child on F-1 now over 21 || Downgrading and processing time issues.

FY 2022 H-1B Cap Initial Registration Period Opens on March 9

USCIS announced that the initial registration period for the fiscal year (FY) 2022 H-1B cap will open at noon Eastern on March 9 and run through noon Eastern on March 25. During this period, prospective petitioners and representatives will be able to fill out petitioner and beneficiary information and submit their registrations.

A confirmation number will be assigned to each registration submitted for the FY 2022 H-1B cap. This number is used solely to track registrations; you cannot use this number to track your case status in Case Status Online.

Rajiv's Article - President Biden hands another win to H-1B holders and Indian students in the US

Published by: The Economic Times - Date: February 02, 2021

Two developments in immigration law bring happy tidings: a court challenge to OPT and STEM OPT extension has failed; and the US Department of Labor (DOL) has delayed to May 14, 2021 (beyond the H-1B lottery deadlines) implementation of the regulations affecting disproportionate wage hikes for H-1B and green card petitions.

For more details please see the attachment below.

Wage hike rule frozen till May 14, 2021,Trump vs Biden Admin

Jan 27, 2021 Radio Show with Rajiv S. Khanna Topics of discussion:
Wage hike rule that raised required wages disproportionately has been delayed to May 14 (beyond this year's H-1B lottery). Future proposed changes for STEM graduates and pending green cards.

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Immigration Law