Jan 6, 2022, Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)
Green Card
FAQ: Consular processing employment-based green card with a job offer from a different employer
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USCIS Updated Forms - Petition for U Nonimmigrant Status and Application for T Nonimmigrant Status
USCIS recently updated the following form(s):
Petition for U Nonimmigrant Status
12/06/2021 01:32 PM EST
Starting Mar. 14, USCIS will only accept the 12/06/21 edition. Until then, you can use the 04/24/19 edition. You can find the edition date at the bottom of the page on the form and instructions.
Application for T Nonimmigrant Status
12/02/2021 03:05 PM EST
USCIS Provides Clarifying Guidance on O-1 Nonimmigrants in Arts vs. Motion Picture and Television
Release Date
01/13/2022
U.S. Citizenship and Immigration Services announced clarifying guidance on how USCIS determines whether an O-1B beneficiary will be evaluated as a person of extraordinary ability in the arts or as a person of extraordinary achievement in the motion picture or television industry when a case has elements of both.
Biden announces STEM changes for F-1, J-1, O-1A and National Interest Waivers
24 January 2022
Students in the following fields will be able to obtain STEM OPT extensions for 24 months:
Jan 20, 2022, Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)
Nonimmigrant Visas
Immigration Law
Discussion Topics, Jan 20, 2022 FAQs:
1. EB-1B for postdoctoral holder after a gap of several years in career 2. Date of birth and name corrections in birth certificate 3. COVID-19 delays in tourist/visitor extensions for B-2 holding parent and applying for their green card
USCIS Provides Clarifying Guidance for O-1 Petitions with a Focus on STEM Fields
Release Date
01/21/2022
U.S. Citizenship and Immigration Services today issued policy guidance clarifying how it evaluates evidence to determine eligibility for O-1A nonimmigrants of extraordinary ability, with a focus on petitions filed for individuals in science, technology, engineering, or math (STEM) fields, as well as how USCIS determines whether an O-1 beneficiary’s prospective work is within their area of extraordinary ability or achievement.
FY 2023 H-1B Cap Initial Registration Period Opens on March 1
Release Date
01/28/2022
U.S. Citizenship and Immigration Services today announced that the initial registration period for the fiscal year 2023 H-1B cap will open at noon Eastern on March 1 and run through noon Eastern on March 18, 2022. During this period, prospective petitioners and representatives will be able to complete and submit their registrations using the online H-1B registration system.
Feb 3, 2022 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)
Citizenship and Naturalization
Green Card
Discussion topics:
Rajiv's Blog: Biden announces STEM changes for F-1, J-1, O-1A and National Interest Waivers
The Biden administration earlier announced changes in immigration policy treatment of STEM fields that provide welcome opportunities to the people holding F-1 and J-1 visas in the United States.
For more details please visit this link:
Rajiv's Article - Will your B-1 B-2 visas get canceled at the airport?
Published by: The Economic Times - Date: May 10, 2021
Synopsis
To protect yourselves, carry evidence that your extension application was timely filed and you left because you had an urgent need to do so. Also, take a screenshot or printout of the FAQ on the CBP website: “How can I extend my stay while in the United States?
For more on this article please see the attachment below.
13 May 2021: Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)
Immigration.com
Immigration Law
Green Card
Topics:
DHS Issues Final Rule to Remove Vacated H-1B Rule from Code of Federal Regulations
Release Date
05/18/2021
The Department of Homeland Security has issued a final rule that removes from the Code of Federal Regulations (CFR) an interim final rule (IFR) issued in October 2020, which has since been vacated by a federal district court.
Parents Visitor Visa (B2) Interview - Chennai Consulate Tamil
I would like to share my parents visitor visa experience as it might help others who are in my situation.
They are not educated and doing Agriculture in their own land. They don't speak or understand anything other than TAMIL.
Pre-Process:
I am in US and I directly sent all the documents to a travel agent in Chennai who helped me to file DS-160 and organize documents for my parents.
My parents just prepared a affidavit document for their properties through an attorney and brought property papers along with them when they come for interview to Chennai.
Nonimmigrant Visas
Processing of H-2B Labor Certifications Granted under the 2008 Final Rule
The Department of Labor has posted an update regarding the processing of H-2B labor certifications granted under the 2008 Final Rule. To read the update, please visit the H-2B Program Page.
B2 Visa Renewal for My Parents
This is about the experience renewing my parents visa.
Nonimmigrant Visas
17-Month STEM CAP GAP OPT Extension Voided by Court
24 December 2015
DHS has asked for an additional extension of stay to 10 May 2016 of the court order under which the STEM extension of OPT was invalidated by the DC federal court. DHS needs time to review appx. 50,500 comments they have received on the new proposed regulations. I am moving the new discussion to this link: http://www.immigration.com/blogs/new-rules-17-month-stem-extension-ongoing-updates-until-completed
17-Month STEM CAP GAP OPT Extension Voided by Court
A Washington DC Federal court has held that DHS improperly promulgated the 2008 regulations creating the 17-month OPT CAP GAP extension for STEM graduates (strictly speaking, this is not reallly "CAP GAP" issue). According to the court, DHS should have placed the proposed regulation before the public, allowed everyone to comment, considered the comments and then published the final regulation. Thus, DHS violated the procedural mandate requiring "notice and comment." According to the court, there was no good reason to skip the "notice and comment" mandate.
August 8 is the Deadline to Apply to Add 7 Months to a 17-Month STEM OPT Extension
If you currently have a 17-month STEM OPT extension, you may apply to add 7 months to your STEM OPT period. If you want to apply for this 7-month extension, you must properly file your Form I-765, Application for Employment Authorization (with the required fee and signature) on or before August 8, 2016. USCIS will deny applications filed afterAugust 8, 2016.
You may apply to add 7 months to your 17-month STEM OPT period if:
Recording of Free Community Conference Call (Every Other Thursday), 25 August 2016
Citizenship and Naturalization
Nonimmigrant Visas
Substantial transcription for video
Discussion Topics, Thursday, 25 August 2016:
FAQ: Quota H-1 pending, status after 1 October; Documentation needed to prove future job offer for EB-2; Green card holder staying outside the USA for less than 12 months.
Other: Applying for H-4 EAD; Priority date transfer for old I-140; Can one stay in USA after EB-1C filing, if priority dates are not current; Confirming whether or not an I-140 case is selected for consular processing; Proving parent child relationship for green card; Filing an EB-2 case; I-140 priority date transfer; H-4 visa stamping and completing education in the USA; Changing employers after I-140 approval; H-1 extensions; Can I find out how many I-140 cases my company has filed and revoked; Incorrect category status issued to child; Naturalization and past (erroneous) visa denials; Married military personnel filing taxes as single, etc.
H-2B Employers Should Continue to Identify “Returning Workers” in Petitions for FY 2017
USCIS urges prospective H-2B employers seeking to hire potential “returning workers” with employment start dates in fiscal year (FY) 2017 to continue to identify these workers and provide the H-2B Returning Worker Certification.
DHS proposes changes related to on-the-job training program for STEM students
WASHINGTON — The U.S. Department of Homeland Security (DHS) proposed changes to its regulations that would strengthen and enhance the process for foreign students with science, technology, engineering, or mathematics (STEM) degrees from a U.S. college or university to get practical training experience in the United States. The enhancement of this regulation was announced as a part of President Obama’s November Executive Actions.
New Rules for 17-Month STEM Extension (Ongoing Updates until completed)
24 December 2015
DHS has asked for an additional extension of stay to 10 May 2016 of the court order under which the STEM extension of OPT was invalidated by the DC federal court. DHS needs time to review appx. 50,500 comments they have received on the new proposed regulations. Historical discussion pertaining to the lawsuit is at this link: http://www.immigration.com/blogs/17-month-stem-cap-gap-opt-extension-voided-court
Federal Register: Improving and Expanding Training Opportunities for F-1 Nonimmigrant Students With STEM Degrees and Cap-Gap Relief for All Eligible F-1 Students
The Department of Homeland Security (DHS) proposes to amend its F-1 nonimmigrant student visa regulations on optional practical training (OPT) for certain students with degrees in science, technology, engineering, or mathematics (STEM) from U.S. institutions of higher education. Specifically, the proposal would allow such F-1 STEM students who have elected to pursue 12 months of OPT in the United States to extend the OPT period by 24 months (STEM OPT extension).
Recording of Free Community Conference Call (Every Other Thursday), 12 November 2015
Immigration Law
Green Card
Substantial transcription for video
FAQ: Green card pending conversion to and from H-4 EAD – H-1; Filing green card while in F-1 status; New company sponsoring H-1; (flip flop again) revocation of I-140 by an employer does NOT revoke priority date; Green card through future employer; Pros and cons of H-4 EAD; Obtaining copies of approval notice and other documents through FOIA; Physician filing green card; Applying for green card and while visiting the USA; Risk and rewards in EB-5 investments in regional centers.
Other: New STEM OPT extension regulations; substituting petitioners in a family-based case; Resetting H-1 6 years clock; CSPA; Authorized period of stay when H-1 transfer is pending; F-1 visa stamping on OPT.
Recording of Free Community Conference Call (Every Other Thursday), 17 December 2015
Nonimmigrant Visas
Green Card
Substantial transcription for video
Topics Discussed, Thursday, 17 December 2015:
FAQ: Can TN work on 1099 as independent contractor; Difference between I-140 withdrawn and revoked;
Other: H-1 quota exemption; H-1B denial; H-1B how to file Form DS-160; I-140 revoked, refiling; H-1 L-1 221(g); I-130 processing; I-485 approval while COS pending; I-90 to renew green card; Misrepresentation in visa/ESTA; Contract for B-1/B-2 visa for domestic help from foreign country; Getting H-1 extension I-140 revoked, refiled; DV lottery (NOT my area of expertise); H-1 change of location; Does H-4 extension also extend H-4 visa stamp automatically? I-140 recapture or port priority date; Travelling while STEM extension pending.