Recent posts

  • Type: News
    Post date: Sep 28th 2020
    Body:

    Published by : The Times of India - Date: September 28, 2020  

    Quotes and Excerpts from Rajiv on the article:

    Rajiv S. Khanna, Arlington based, immigration attorney told TOI, “For Indian and other international students, the proposed fixed tenure creates a problem. A four-year cap is definitely shorter than a PhD or even a bachelor’s degree course because students can opt for an extra semester in their bachelor course. Now, if students who are already here, have to apply for extensions, it will add to their expenses, but moreover it creates an additional element of uncertainty.”

    “This is another example of policy without purpose. If there is a purpose that I can discern, it appears to be just to make things more difficult for students, increase their expenses and uncertainty,” states Khanna. 

    He asks, “It makes absolutely no sense to have students who have been here for two-six years, to wrap up and their life and leave in just 30 days, how does cutting this period down from 60 days help attain the objectives? Or having them spend $400-500 to keep extending their status, makes no sense other than to fill the government’s coffers.”

    In this context, Khanna points out, “Less than 5% of Indian students have any suspected or actual incident of visa overstays. So, this proposed policy would discomfort 95% students to try and address a perceived problem in 5%?.” 

    For more details please see the attachment below.

  • Type: FAQ
    Post date: Sep 25th 2020
    Body:

    Watch the Video on this FAQ:

    Changing status during a pending application - authorized period of stay


    Video Transcript

    There is an assumption if old status has expired and you have an application pending you are just in authorized period of state. And by the way, if you have an employment based green card going on and your dates become current you can file a I-485 that is if you are protected by section 245(k). 245(k) says we will forgive you being out of status or unofficially employed for up to 180 days if you are an employment based applicant or their derivative so if your old status expired, F-1 is pending, but the old status expired less than 180 days ago you can file I-485. FAQ in detail...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

  • Type: News
    Post date: Sep 25th 2020
    Body:

    Are you seeking to adjust your status and become a U.S. permanent resident under a family-sponsored or employment-based preference immigrant visa? If you have not yet had a relative or employer file an immigrant visa petition on your behalf, please learn more about the Adjustment of Status Filing Process. If you already have a petition filed or approved on your behalf, you may have to wait for an available visa in your category (if applicable) before you can file your Form I-485, Application to Register Permanent Residence or Adjust Status. This page will help you determine when to file your adjustment of status application.

    When to File

    Use the Visa Bulletin charts below to determine when to file your adjustment of status application.

    To use the charts:

    1. Find your visa type in the first column (on the left) of the appropriate chart (Family-sponsored or Employment-based).
    2. Stay in that row and move directly to the right to find the corresponding date under the country of your birth (as listed in the boldface columns across the top).
    3. If the date on the chart is current (“C”), or your priority date is earlier than the date on the chart, you may file your adjustment of status application, if otherwise eligible to do so.
    4.  “U” means unauthorized; for example, numbers are not authorized for issuance.

    Your priority date is generally the date when your relative or employer properly filed the immigrant visa petition on your behalf with USCIS. If a labor certification is required to be filed with your immigrant visa petition, the priority date is the date the labor certification application was accepted for processing by the Department of Labor.

    October 2020

    Final Action Dates for F2A Family-Sponsored Adjustment of Status Applications
    Family- Sponsored All Chargeability Areas Except Those Listed China - mainland born India Mexico Philippines
    F2A C C C C C
    Dates for Filing for Family-Sponsored Adjustment of Status Applications
    Family- Sponsored All Chargeability Areas Except Those Listed China - mainland born India Mexico Philippines
    F1 22JUL15 22JUL15 22JUL15 22FEB00 08OCT12
    F2B 01MAY16 01MAY16 01MAY16 01DEC99 01APR12
    F3 01JUN09 01JUN09 01JUN09 15AUG00 22DEC02

    F4

    15SEP07 15SEP07 22NOV05 22APR99 01SEP02

    Dates for Filing for Employment-Based Adjustment of Status Applications

    Employment- Based

    All Chargeability
    Areas Except
    Those Listed

    CHINA-
    mainland
    born

    El SALVADOR
    GUATEMALA
    HONDURAS

    INDIA

    MEXICO

    PHILIPPINES

    1st

    C

    01SEP20

    C

    01SEP20

    C

    C

    2nd

    C

    01OCT16

    C

    15MAY11

    C

    C

    3rd

    C

    01JUN18

    C

    01JAN15

    C

    C

    Other Workers

    C

    01OCT08

    C

    01JAN15

    C

    C

    4th

    C

    C

    01FEB18

    C

    C

    C

    Certain Religious Workers

    C

    C

    01FEB18

    C

    C

    C

    5th
    Non-Regional
    Center
    (C5 and T5)

    C

    15DEC15

    C

    C

    C

    C

    5th
    Regional
    Center
    (I5 and R5)

    C

    15DEC15

    C

    C

    C

    C

    About the Visa Bulletin

    DOS publishes current immigrant visa availability information in a monthly Visa Bulletin. The Visa Bulletin indicates when statutorily limited visas are available for issuance to prospective immigrants based on their individual priority date.

    On Nov. 20, 2014, the Secretary of Homeland Security directed USCIS to work with DOS to:

    • Ensure that all immigrant visas authorized by Congress are issued to eligible individuals when there is sufficient demand for such visas, and
    • Improve the Visa Bulletin system for determining when immigrant visas are available to applicants during the fiscal year.

    Additionally, in July 2015, the Administration issued its report on Modernizing and Streamlining Our Legal Immigration System for the 21st Century (PDF). This report included detailed recommendations to revise and update the monthly Visa Bulletin to better estimate immigrant visa availability and provide needed predictability to nonimmigrant workers seeking permanent residency.

    USCIS, in coordination with DOS, revised the procedures for determining visa availability for applicants waiting to file for adjustment of status. The revised process will better align with procedures DOS uses for aliens who seek to become U.S. permanent residents by applying for immigrant visas at U.S. consulates and embassies abroad.

    This revised process will enhance DOS’s ability to more accurately predict overall immigrant visa demand in determining the cut-off dates for the Visa Bulletin. This will help ensure that the maximum number of immigrant visas are issued annually as intended by Congress, and minimize month-to-month fluctuations in Visa Bulletin final action dates. Additional goals are outlined in the White House report, Modernizing and Streamlining Our Legal Immigration System for the 21st Century (PDF).

    New Visa Bulletin Charts

    The Visa Bulletin will now have two different charts because of the revised procedures. DOS will post two charts per visa preference category in the DOS Visa Bulletin. The charts are:

    • Application Final Action Dates (dates when visas may finally be issued); and
    • Dates for Filing Applications (earliest dates when applicants may be able to apply).

    When USCIS determines there are immigrant visas available for the filing of additional adjustment of status applications, the Dates for Filing Applications chart may be used to determine when to file an adjustment of status application with USCIS. Otherwise, the Application Final Action Dates chart must be used to determine when to file an adjustment of status application with USCIS.

    In coordination with the DOS, USCIS will monitor visa numbers each month and post the relevant chart on this page under When to File.

    Determining Visa Availability

    USCIS considers several factors to determine if there is a greater supply of visas than the demand for those visas. To determine visa availability, USCIS will compare the number of visas available for the remainder of the fiscal year with:

    • Documentarily qualified visa applications reported by DOS;
    • Pending adjustment of status applications reported by USCIS; and
    • Historical drop off rate of applicants for adjustment of status (for example, denials, withdrawals and abandonments)
  • Type: News
    Post date: Sep 25th 2020
    Body:

    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. For more on the Visa Bulletin click here.

  • Type: FAQ
    Post date: Sep 25th 2020
    Body:

    Watch the Video on this FAQ:

    Change of status on an H-1B approved for consular processing

    Video Transcript

    The answer is yes. Do discuss with your lawyers. FAQ in detail...

     

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.