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Visa Bulletin For April 2023

 

Number 76
Volume X
Washington, D.C

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A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS

This bulletin summarizes the availability of immigrant numbers during April 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

Laid off on I-485 AOS AC21

Nonimmigrant Visas

Immigration Law

AC21, Adjustment of Status laid off related questions, including the following and more:

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Question: When applying for new jobs, do I need to ask for a new H-1B, or can I work using my current EAD and change employer?

Answer:  You can go ahead and join with the EAD but keep the future plan of reactivating your H-1B. 

Question: Like H-1B after termination, is there a 60-day rule? Does that rule apply to me also, even though I have an EAD?

Volunteering on a non-profit board committee while on H-1B or H-4 visa: Implications for visa stamping and green card process

Question details

Can a person on H-1B or H-4 visa be on the Board committee (Vice President) for the US based non-profit religious organization without pay (volunteer) ? Would it create any issue on visa stamping or GC process?

Video URL
FAQ Transcript

You can work if the company is non-profit. There is no issue as long as you do not get paid in any way. If it is a for-profit company you could have a problem unless they tailor make the program according to the principles of labor laws.

Recording for March 09, 2023 Conference Call with Rajiv S. Khanna

Immigration.com

FAQs: Volunteering on a non-profit board committee while on H-1B or H-4 visa: Implications for visa stamping and green card process

H-1B layoff options - Going to home country and applying for jobs, going through the lottery again and documents required to apply for a new visa to explain missing pay stubs

Question details

I am on an H-1B visa and recently got laid off.

If I don't find a job within the 60 days grace period:

1. Can I go back to my home country and keep applying for jobs and then come back once I get one? If yes, would I have to go through the lottery again?

2. If not, what are my options?

3. What additional documents do I need to provide while applying for my new visa to explain the missing pay stubs?

4. What does the company that let me go send to the USCIS as documentation for termination of contract?

 

Video URL
FAQ Transcript
  1. Sure, you can go back to your home country. No, you do not have to go through the lottery again.
  2. H-4 and F-1 CPT visas would be options.
  3. You actually just need a copy of your H-1B approval.
  4. If an employer wants to conclude an H-1B, they have to do three things: First, they have to inform the employee that their job is terminated. Second, they have to offer the employee a one-way ticket back to their home country. Third, they have to put it down in writing and request that the H-1B be revoked because they have to write to the USCIS.

Recording for February 23, 2023 Conference Call with Rajiv S. Khanna

Immigration.com

Immigration Law

Discussion Topics:

FAQs: H-1B visa cap exemption - How does the 6-year rule work? || Will having EAD cards or petition approvals with gaps in the start and end date cause an issue?|| H-1B visa layoff options - Going to home country and applying for jobs, going through the lottery again, documents required to apply for a new visa to explain missing pay stubs and the contents of the documentation for termination contract sent by the company to the USCIS

Visa Bulletin For March 2023

Number 75
Volume X
Washington, D.C

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A. STATUTORY NUMBERS

This bulletin summarizes the availability of immigrant numbers during March 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