Processing Times and Status Checks
Processing Times for immigration matters vary widely. The U.S. United States Citizenship and Immigration Services (USCIS), the U.S. Department of Labor, and the U.S.
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Options after layoff on approved EB-1 - Compelling circumstances EAD and GC EAD conversion
Question details
I got my EB1A approved and am in the process of filing my I765 and I485 concurrently, since my date for EB1A is current, but unfortunately I got laid off now,so what is my option? Can I file a compelling Circumstances EAD and continue working once my Compelling circumstances EAD is approved and convert to GC EAD once GC EAD is approved? Or file a B2 visa and once GC EAD approval comes, can I work? Can kids go to school during my Compelling circumstances EAD approval after the grace period?
FAQ Transcript
If you have an approved EB-1A and your priority date is current, you can file I-485 without needing a specific job, as long as you intend to continue working in your field. A Compelling Circumstances EAD is not an option since it is only available when dates are not current. Consult your lawyer, but you should be able to proceed with your I-485 filing.
NIW I-485 rejected: Refiling options and priority date usage?
Question details
1. If NIW I485 is rejected. Can we refile I485, or need to start a new NIW case from I-140 stage?
2. NIW I485 is rejected. If I refile the new NIW and it is approved, can the previous NIW's priority date be used for this new NIW's AOS?
3. How will the Trump administration affect NIW I485 cases? Would you suggest any precautions?
4. Can petitioner file multiple NIWs simultaneously with different endeavors?
FAQ Transcript
If your NIW I-485 is rejected but your I-140 is still pending or approved, you can refile the I-485 without starting a new NIW case. However, consult your lawyer for any case-specific nuances.
If you file a new NIW and it gets approved, you can use the priority date from a previous NIW only if the prior I-140 was approved.
As for multiple NIW filings for different endeavors, it is theoretically possible but may weaken your case by making it appear unfocused.
September 01, 2023 - Rajiv in a Q&A session on behalf of students and young professionals ( H-1B third lottery?)
Nonimmigrant Visas
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
Immigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
Rajiv Khanna Blog: http://www.immigration.com/blogs
Twitter: https://twitter.com/immigrationcom
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Sept 7, 2023, Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)
Immigration.com
Nonimmigrant Visas
FAQs: Do Canadian citizens need US visas? Canadian citizenship and F-1 Exploring permanent work and stay options in the U.S. for Canadian Permanent Resident Preparing for birth certificate issues in USCIS applications: Affidavits, DNA tests, and timing considerations H-1B approved after the lottery, can we change employers? Multiple employers in H-1B lotteries Paystub requirement for H-1B transfer eligibility: Is it mandatory? Delays in marriage-based immigrant visa processing: Expedite options and travel issues
Affirmative Asylum Applicants Must Provide Interpreters Starting Sept. 13
Release Date
09/11/2023
U.S. Citizenship and Immigration Services reminds affirmative asylum applicants that, starting Sept. 13, 2023, you must bring an interpreter to your asylum interview if you are not fluent in English or wish to proceed with your interview in a language other than English.
Guestbook Entry for Zifus James, United States
Name
Zifus James
Country
United States
State
Virginia
USCIS Clarifies Guidance for EB-1 Eligibility Criteria
Release Date
09/12/2023
U.S. Citizenship and Immigration Services is issuing policy guidance in the Policy Manual to clarify the types of evidence that USCIS may evaluate to determine eligibility for extraordinary ability (E11) and outstanding professor or researcher (E12) EB-1 immigrant visa classifications.
Sept 8, 2023, Rajiv in QnA on behalf of students, young professionals
Nonimmigrant Visas
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
Immigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
Rajiv Khanna Blog: http://www.immigration.com/blogs
Twitter: https://twitter.com/immigrationcom
Facebook: https://www.facebook.com/immigrationd...
Linkedin: http://www.linkedin.com/in/rajivskhanna
Visa Bulletin For October 2023
Number 82
Volume X
Washington, D.C
A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS
This bulletin summarizes the availability of immigrant numbers during October 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
USCIS to Celebrate Constitution Day and Citizenship Day by Welcoming More Than 6,900 New Citizens
Release Date
09/15/2023
Weeklong celebration highlights naturalization ceremonies and new initiatives
WASHINGTON—U.S. Citizenship and Immigration Services will celebrate Constitution Day and Citizenship Day by welcoming more than 6,900 new citizens in over 130 naturalization ceremonies across the nation between Sept. 17 and Sept. 22.
PERM Processing Times (as of 08/31/2023)
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | October 2022 |
| Audit Review | June 2022 |
| Reconsideration Request to the CO | December 2022 |
Green Card
Immigration Law
Post-Covid OPT Policy for F-1 Students
Note:
The following information is a FAQ from the government. I have highlighted the parts that F-1 students have been asking me over the last few weeks. Rajiv.
Source: https://www.ice.gov/doclib/sevis/pdf/COVID19_FAQs.pdf
Also useful: https://studyinthestates.dhs.gov/stem-opt-hub
Rajiv's Comments in the News - Is Canada safe for Indians right now? What immigration expert says
Published by: Live Mint: September 21, 2023
https://www.livemint.com/news/india/is-canada-safe-for-indians-right-now-what-immigration-expert-says-11695199730385.html
Quotes and Excerpts from Rajiv in the article:
Guestbook Entry for Sheil Gupta, United States
Name
Sheil Gupta
Country
United States
State
California
USCIS Exempts Biometric Services Fee for all Form I-539 Applicants
U.S. Citizenship and Immigration Services (USCIS) announced that it is exempting the biometric services fee for Form I-539, Application to Extend/Change Nonimmigrant Status.
Immigration Processes During Government Shutdown
Updated September 26, 2023
As the potential for a shutdown on October 1, 2023, looms, historical operations during past shutdowns can provide insight. The Department of Homeland Security (DHS) published guidance in 2022, outlining what functions continue during a funding lapse. While the information is hardly comprehensive, it provides a glimpse into the orderly shutdown process.
Implementation of New USCIS Immigrant Fee Feb. 1
New fee allows USCIS to recover the costs of processing immigrant visas after individuals receive their visa packages from the Department of State abroad
N-400 interview with continuous residence issues - APPROVED!
Hi all,
I wanted to share my wife's N400 interview experience which had lots of continuous residency issues. it is thanks to this forum's contributions that we decided to apply anyway in spite of the fact our own lawyer advised us against it. and she got approved and had her oath on the very same day!
Citizenship and Naturalization
New Interview Requirement for B-1 Employers in Manila, Philippines
Visas for Domestic Employees of B, E, F, H, I, J, L, O, P, and Q Visa Holders and U.S. Citizens Temporarily Assigned To The United States (B-1)
Why Should Immigration Law Interest or Alarm You?
Immigration.com
Immigration Law
Substantial transcription for video
A Continuing Legal Education seminar delivered by Rajiv S. Khanna. This information is relevant for lawyers and business/HR management professionals. This seminar was presented for American Law Institute/American Bar Association and Lawline.
State Dept. Notice on Exchange Visitor Program Fees & Charges
[Federal Register Volume 78, Number 20 (Wednesday, January 30, 2013)]
[Proposed Rules]
[Pages 6263-6269]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-01555]
---------------------------------------
DEPARTMENT OF STATE
22 CFR Part 62
[Public Notice 8163]
RIN 1400-AD28
Exchange Visitor Program--Fees and Charges
AGENCY: U.S. Department of State.
ACTION: Proposed rule with request for comment.
USCIS Publishes Improved Forms in Easier-To-Use Format
USCIS published improved forms in easier-to-use formats and with new data collection technologies:
USCIS Form Improvements Initiative Web page
USCIS has launched a new Form Improvements Initiative Web page which explains the types of improvements in the initiative, introduces recently published and upcoming forms, and links to each form’s landing Web page. You’ll also find information related to form improvement initiatives, including enhanced Web content (i.e., posting filing addresses and detailed fee information on form landing pages) and filing reminders.