Release Date
On Aug. 19, the U.S. Department of Education (ED) announced that it no longer recognizes the Accrediting Council for Independent Colleges and Schools (ACICS) as an accrediting agency. This determination immediately affects two immigration-related student programs:
I have an Approved I-140 from a previous job. My new employer has initiated the PERM. How can I make sure that the attorneys use the priority date from my old I-140?
Even if your lawyers do nothing to use the old priority date, that priority date is your right. The government itself is supposed to run a data sweep. Check their databases and give you the earliest date you are entitled to. If none of the documents reflect that you've been given the earlier priority date it is still not a problem. Hence there is no other procedure required for you to follow. You do not have to be overly concerned about the attorneys using the old priority date.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
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?
It depends on a couple of things. First of all the regulations changed in your favor on January 17, 2017. Therefore, if the revocation occurred before January 17, 2017 chances are you might have lost even your priority date. On January 17, 2017 the laws changed and now the rule is if the moment your I-140 is approved the priority date is yours to keep. The second rule is if the I-140 stays approved for 180 days you also have the right to extend your H-1B and your spouse their H-4. There are two different rights - right to keep your priority date the moment I-140 is approved and the right to extend H-1B if the I-140 stays approved for 180 days. Hence this is a protection even if the employer revokes your H-1B.
For more discussion on this matter you can have a look at my older blog entries.
https://www.immigration.com/blogs/
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Discussion Topics:
FAQ: Was Green Card approved in error? Time taken by the USCIS to respond to an E request for correction, travel?|| Entry into the U.S. using the Advance Parole after green card approval during a trip abroad ||
Release Date
U.S. Citizenship and Immigration Services is implementing the next phase of the premium processing expansion for certain petitioners who have a pending Form I-140, Immigrant Petition for Alien Workers, under the EB-1 and EB-2 classifications.
Discussion Topics:
FAQ: What is the meaning of a US “visa canceled without prejudice”? || I have an Approved I-140 from a previous job. My new employer has initiated the PERM. How can I make sure that the attorneys use the priority date from my old I-140? || What are the chances of an H-1B visa (STEM OPT) after completing Masters in the U.S? || H-1B visa holder travels abroad (Canada) for work sometimes; is an H-1B amendment required for change of address or location abroad?
I had a quick question for you. I worked in the US from 2009 to 2012 on an H-1B visa, left the US in 2012, then came back on a new H-1B visa to work in the US from 2014 to 2017, and then left the US again in 2017. So overall, I didn’t use 3 years on both my H-1B visas. Recently I came to the US on an H-1B visa in mid-2022 using the unused 3 years on my most recent H-1B visa issued in 2014. This H-1B visa expires in mid-2025.
(a) Do I need to leave the US for one year after mid-2025 to be eligible for a new H-1B visa, or am I eligible to apply for a new H-1B visa after mid-2025?
(b) Is it possible for me to recapture unused 3 years on my previous H-1B visa issued in 2009 after my current H-1B status expires in mid-2025?
(c) Is the only way for me to extend my H-1B visa status in the US after mid-2025 is to file for PERM ETA 9089 (pending over a year) or have an approved I-140?
Yes, you need to leave the United States because you have a total of six years. You are using the remainder left on that six years. You should have your ETA 9089 (PERM labor certification) pending for over a year, or have an approved I-140. There is no other way to extend this H-1B.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
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 Economic Times: August 01, 2022
Question: I have been in the U.S since 2017, and my F1 visa expires this month due to the 5 year validity period.
Answer: First of all, unless you are traveling, you do not have to renew your visa. If the visa expires while you're still completing your course, it's absolutely no problem.
Read more by clicking the link below or the pdf attachment.