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USCIS Simplifying, Improving Communication of Case Processing Data
Release Date
05/05/2022
Public will have access to immediate, clear answers on case processing times
WASHINGTON— Today, U.S. Citizenship and Immigration Services (USCIS) announced changes to simplify and improve how the agency communicates case processing time data to the public. As part of an agency-wide commitment to improve transparency, efficiency, and customer service, the changes also make it easier for individuals to get an immediate answer on when they can make an inquiry into their case.
Rajiv's Comments in the News - Automatic EAD extension to benefit spouses of H-1B workers in the US - Gadgets Now by TOI
Published by: Gadgets Now by TOI: May 06, 2022
Quotes and Excerpts from Rajiv in the article:
However, immigration lawyers pointed out that this would be useful only for as long as your status was valid. "For most of the H-4 holders who file for these extensions, their status is expiring at the same time as their EAD, and they would not benefit from this," said Rajiv S Khanna, Managing Partner at immigration.com.
For more on this news please see the attachment.
Guestbook Entry for Raja and Priya…, United States
PERM Processing Times (as of 4/30/2022)
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | October 2021 |
| Audit Review | August 2021 |
| Reconsideration Request to the CO | December 2021 |
Green Card
Immigration Law
May 5, 2022, Rajiv in QnA with Yudi on behalf of students and young professionals
Immigration.com
Nonimmigrant Visas
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
YouTube: http://www.youtube.com/immigrationdotcom
Immigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
Visa Bulletin For June 2022
Number 66
Volume X
Washington, D.C
A. STATUTORY NUMBERS
This bulletin summarizes the availability of immigrant numbers during June 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
May 12, 2022, Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)
Nonimmigrant Visas
Discussion Topics, May 12, 2022
O-1A - Extraordinary Ability Visas
Please see the attached graphic for O-1A visas for people who possess extraordinary ability in the
- Sciences
- Education
- Business
- Athletics
You can right-click and open the image in a new tab on your browser.
Premium processing available for pending EB-1C, NIW I-140
USCIS Announces Premium Processing for Certain Previously Filed EB-1 and EB-2 Form I-140 Petitions
USCIS Forms Update - Form I-907
USCIS recently updated the following form:
Form I-907, Request for Premium Processing Service
05/31/2022 10:01 AM EDT
Edition Date: 05/31/22. Starting July 1, 2022, USCIS will only accept the 05/31/22 edition. Until then, you can also use the 09/30/20 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.
Major H-1B Victory for the IT (and Consulting) Industry Against the USCIS - ITSERVE ALLIANCE, INC. Lawsuit
On 10 March 2020, a Washington DC Federal Court overturned the USCIS highly restrictive
standards applied to the consulting industry. This decision has a major positive impact on the IT
industry.
Judge Rosemary M. Collyer held that the USCIS must not administer justice through random
memoranda and must, if it wishes to change the regulations, do so through a formal process. In
fact, the USCIS seems to have illegally targeted the IT industry (“special treatment”):
USCIS Expands Flexibility for Responding to USCIS Requests
In response to the Coronavirus (COVID-19) pandemic, U.S. Citizenship and Immigration Services announced that it adopted measures to assist applicants and petitioners who are responding to certain Requests for Evidence (RFE) and Notices of Intent to Deny (NOID). This alert clarifies that this flexibility also applies to certain Notices of Intent to Revoke (NOIR) and Notices of Intent to Terminate (NOIT) regional investment centers, as well as certain filing date requirements for Form I-290B, Notice of Appeal or Motion.
USCIS to Continue Processing Applications for Employment Authorization Extension Requests Despite Application Support Center Closures
U.S. Citizenship and Immigration Services today announced that it will reuse previously submitted biometrics in order to process valid Form I-765, Application for Employment Authorization, extension requests due to the temporary closure of Application Support Centers (ASC) to the public in response to the coronavirus (COVID-19) pandemic. This announcement is consistent with existing USCIS authorities regarding the agency’s ability to reuse previously submitted biometrics.
H-1B Initial Electronic Registration Selection Process Completed
USCIS has received enough electronic registrations during the initial period to reach the FY 2021 H-1B numerical allocations (H-1B cap). USCIS randomly selected from among the registrations properly submitted. USCIS intends to notify petitioners with selected registrations no later than March 31, 2020, that they are eligible to file an H-1B cap-subject petition for the beneficiary named in the applicable selected registration.
Registrants’ online accounts will now show one of the following statuses for each registration (that is, for each beneficiary registered):
USCIS Announces Flexibility for Requests for Evidence, Notices of Intent to Deny
In response to the Coronavirus (COVID-19) pandemic, U.S. Citizenship and Immigration Services announced that it is adopting a measure to assist applicants and petitioners who are responding to requests for evidence (RFEs) and notices of intent to deny (NOIDs) dated between March 1 and May 1, 2020.
USCIS Announces Temporary Suspension of Premium Processing for All I-129 and I-140 Petitions Due to the Coronavirus Pandemic
Alert: While premium processing is suspended, petitioners may submit a request to expedite their petition if it meets the criteria on the Expedite Criteria webpage. It is the petitioner’s responsibility to demonstrate that they meet at least one of the expedite criteria. All expedite requests will be reviewed on a case-by-case basis and requests granted at the discretion of USCIS office leadership.
USCIS Announces Flexibility in Submitting Required Signatures During COVID-19 National Emergency
U.S. Citizenship and Immigration Services today announced that, due to the ongoing COVID-19 National Emergency announced by President Trump on March 13, 2020, USCIS will accept all benefit forms and documents with reproduced original signatures, including the Form I-129, Petition for Nonimmigrant Worker, for submissions dated March 21, 2020, and beyond.
March 5, 2020 Recording of Free Community Conference Call (Every Other Thursday)
Immigration Law
Green Card
Discussion Topics, Thursday, 5 March 2020
FAQ: Denial of a tourist/visitors/B visa 214(b) ||citizenship/naturalization trips of more than six months abroad || Time of stay and definition of a manager/executive employee for L-1A and EB-1C ||Transfer of H-1B while extension is pending ||What to do after an H-1B (or L-1) denial? ||Work duration and damages contracts under H-1B ||I do not have my final degree/diploma certificate/what should I do?
OTHER: Scheduling green card interview in a third country consulate || multiple H-4 extensions simultaneously ||AR-11 change of address filing, etc.,
March 19, Recording of Free Community Conference Call (Every Other Thursday)
Nonimmigrant Visas
Green Card
Discussion Topics, Thursday, 19 March 2020
FAQ: EB-1C - What if my priority date does not become current before my L1A expiry? Should I file an H1B for safety? If I do, will I get moved from EB1 to EB2 ? Should my wife try for H1B ? Is there any maximum number of tries for H1B? If neither me nor my wife manage to get a H1B visa in the next 3 years, is it ok to exit the country and come back when EB1 priority date becomes current ? What visa will I come back with? || Loss of job/laid off during Covid/coronavirus times
OTHER: Moving from a cap exempt H-1B, extension etc. || Apply for an H-1B extension while another MTR is pending || Rejoining old employer after withdrawn I-140 || 60 days grace period for H-1B || Travel during EAD/AP renewal || H-1B transfer or AC21?
Options after layoff on approved EB-1 - Compelling circumstances EAD and GC EAD conversion
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?
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?
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?
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.