Release Date
11/19/2024
U.S. Citizenship and Immigration and Services is issuing guidance regarding the legal and physical custody requirements for purposes of acquisition of U.S. citizenship under section 320 and naturalization under section 322 of the Immigration and Nationality Act (INA). USCIS is also expanding guidance on derivation of citizenship before the Child Citizenship Act of 2000, under former INA section 321.
Quotes and Excerpts from Rajiv in the article:
USCIS recently updated the following form:
11/20/2024 11:39 AM EST
Edition Date: 11/20/24. You can find the edition date at the bottom of the page of Form G-1055, Fee Schedule.
For more information, please visit the Forms Updates page.
- H1B 60-day grace period starts on the date of getting notice of layoff from the employer, on the date of the severance paycheck, or on the last date of the regular paycheck?
- During H1B 60-day grace period, what is the best time to apply for B1/B2? When 30 days are left, 15 days are left, etc.?
- H1B is for 6-years of work, or 6-years total? I mean does unemployment time or B1/B2 time etc. also counts in 6-years of H1B?
- After layoff on H1B, if decided to go to school, then how to stay in US until getting admission decision and until school starts, that could take many months.
- After layoff on H1B, what is the better option to choose between B1/B2 and F-1?
The H-1B 60-day grace period starts the day after your last pay period or working day, whichever is later. It's best to apply for a B1/B2 visa around the 50th–55th day (depending on how you apply online or by email) if transitioning and an F-1 visa if planning to study. The grace period counts toward the H-1B six-year cap, but B-1/-B2 time does not. For detailed scenarios and advice, refer to the video.
I see the following new note on my Most Recent I-94 Results. Is this normal?
Note to employers, local, state, or federal agencies granting benefits:
Please visit the CBP I-94 Public Website and click on the tab for “Get Most Recent I-94” to perform a search for the applicant to confirm that the biographic and travel information displayed on this I-94 printout matches the “Get Most Recent I-94” returned results for this applicant.
While this is a new update, it seems routine and not a cause for concern.
I am reaching out on behalf of a friend who is currently facing challenges related to his H1B visa stamping process in India. He departed for India in August with an H1B Dropbox appointment scheduled for August 19th. On August 30th, he received a 221(g) notice requesting him to appear for an in-person interview. He attended this interview on September 3rd, where he responded to all the consulate’s inquiries. However, he was issued another 221(g) slip, stating that his case is now under administrative processing and that he will be notified once an update is available.
Since then, there has been no progress or further communication from the consulate.
My friend’s concern now is twofold:
1. Unpaid Leave and Payroll: Due to his company's policy, he is not permitted to work from India and has been on unpaid leave since August 15th, with his last payroll processed through this date. He is still formally employed, but he has had no payroll since then. If his H1B stamping is approved, will his re-entry to the U.S. be problematic, given the gap in payroll since August 15th? Additionally, is his H1B status still active, or could it be considered paused due to the lack of payroll?
2. Expediting the Process: Is there any way to expedite his case with the Chennai consulate, considering the indefinite delay he is currently facing?
If someone is stuck in India on a 221g for H-1B administrative processing, their reentry to the U.S. should not be problematic once their visa is stamped, even with a payroll gap. Employers are not required to pay while the employee is unable to work due to being abroad. Expediting a 221g is extremely rare, but the employer or lawyer can attempt to explain the urgency to the consulate. For detailed scenarios and advice, refer to the video.
Topics Discussed:
USCIS recently updated the following form:
Form I-941, Application for Entrepreneur Parole
10/01/2024 01:14 PM EDT
Edition Date: 10/01/24. Starting Jan. 27, 2025, USCIS will accept only the 10/01/24 edition. Until then, you can also use the 05/06/24 edition. You can find the edition date at the bottom of the page on the form and instructions.
For more information, please visit the Forms Updates page.
First of all my thanks to everyone who posted their comments and precious suggestions to help ppl makin their ways easier in immigration process. Below is my complete timeline of applying and getting J1 waiver.
Nov. 8, 2006 - Forms and affidavits got notarised to be sent to CGI Houston
Nov. 9, 2006 - Sent to CGI Houston for attestation
Nov. 10, 2006 - CGI Houston Recieves Documents and passport
Dec. 5, 2006 - Attested Documents return back to me (to be sent to authorities in India)
Hello All,
Heres my experience on the CP
Flew to India on June 12th (Interview Date June 26th) Since you have to submit documents to VFS 7 working days prior to Interview.
Flew Virgin Atlantic ti Mumbai and went straight to VFS from the Airport. They are open from 8.00am - 12.00 and 1.00pm - 3.00pm
Documents Submited to VFS
- Copy of the first, second, last page of the current passport, copy of all us visa's in the current passport.
There is no need for old passports and copies of all pages.
Hello,
I finally received my Green Card yesterday. My wife got hers 2 weeks ago. Here are the filing dates.
I-140 (EB1) filed in July 2006 (Approved in 2 weeks)
I-485 sent to NVC in September 2007
Interview notification from Chennai US Consulate on January 17, 2007
Interview at Chennai on February 12, 2007
Received the passports on February 20, 2007
Validation stamp in the passport on February 28, 2007
Welcome Letter (wife) on March 6, 2007
Green Card (wife) received on March 7, 2007