H-1B Visa
H-1B visa is reserved for "specialty occupations." Those that require a at least a bachelor's degree in a specific subject or closely related subjects.
USCIS Completes Data Entry of Fiscal Year 2017 H-1B Cap-Subject Petitions
USCIS announced on May 2, 2016, that it has completed data entry of all fiscal year 2017 H-1B cap-subject petitions selected in USCIS's computer-generated random process. USCIS will now begin returning all H-1B cap-subject petitions that were not selected. Due to the high volume of filings, USCIS is unable to provide a definite time frame for returning these petitions.
Recording of Free Community Conference Call (Every Other Thursday), 2016, April 21
Immigration.com
Agency
Citizenship and Naturalization
Nonimmigrant Visas
Green Card
Substantial transcription for video
Topics for Discussion, Thursday, 21 April 2016:
FAQ: Is H-4 Visa needed after H-4 EAD approval; H-1 cap exempt working concurrently for H-1 cap employer; Safe time to change jobs after I-140 approval; PERM-based green card through relative-owned company; What to do if company is under visa fraud investigation, indictment, conviction.
Other: L-1B expiring, options to stay and work in the USA; Form N-600 child born outside the USA to a US citizen parent; H-1 quota exemption if visa is not stamped; H-4 EAD gap in EAD; Attorney negligence in H-1 filing; H-1 approval for projects where duration is 6 months and only vendor letter is available – no end client letter; CAP Gap extension; Priority date transfer problem – delays; Police clearance from the USA; Unlawful presence under H-1B; Renewing green card; L-1A options to stay in the USA after 7 years; Applying for naturalization – several visits outside the USA – residency requirement; H-1B unlawful presence; Bounced check USCIS fees problems; etc.
Fiscal Year 2017 H-1B Cap Premium Processing to Begin May 12
On May 12, 2016, U.S. Citizenship and Immigration Services (USCIS) will begin premium processing for cap-subject H-1B petitions requesting premium processing, including petitions seeking an exemption for individuals with a U.S. master’s degree or higher.
USCIS Will Temporarily Suspend Use of Pre-Paid Mailers for Certain H-1B Cap Subject Petitions
For two weeks after premium processing resumes for H-1B cap-subject petitions, USCIS will not use pre-paid mailers to send out final notices for premium processing H-1B cap-subject petitions. Instead, USCIS will use regular mail. USCIS will be doing this due to resource limitations as work to process all premium processing petitions in a timely manner. After the two week period, USCIS will resume sending out final notices in the pre-paid mailers provided by petitioners.
Name variation in diploma or degree, name change for immigration
Question details
I have BSc., [Maths] – 3 yrs degree + MSc., [Computer Science] – 2 yrs degree in India Grade A Universities and 11 years exp in IT industry applied I-140 under EB2 category. Last week I got the RFE like below. I can provide my legal name change evidence. Please see the RFE description and labor certification details below. <br>
"Is USCIS not certain that I have met the educational requirements of the labor certification position"? I can see only one statement that "USCIS is unable to determine if the beneficiary has met the educational requirements "Once I have documentation that NEW NAME and OLD NAME are the same person, will USCIS accept my educational documents?
FAQ Transcript
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.
Gap in Status
Question details
A couple of questions on Gap in status:<br>
1. I am on H-1B and my project/job is going to end on April 29,2016 (Friday). I have my H-4 approved effective May 2, 2016. I will get salary slip from 1 April to 30 April. Do I need to have salary slip for May 1, 2016 (which is a Sunday) to maintain H-1B/ legal status (considering that I won't be getting May 1 to May 31 salary slip).<br>
2. I am currently on H-1B and have an approved H-4 Effective 15 July 2016. As part of my H-4 application (which I had filed along with my spouse extension) , I had requested USCIS to give me H-4 effective date of 13 May 2016 as my project was going to end on 13 May 2016. But, the request was not honoured and USCIS responded citing the reason "Since the beneficiary of the I-539 and I-765 will change status, we cannot give an earlier start date than what is shown on the I-129 approval notice." If my project ends on 13 May 2016 , should I leave the country as my H-4 effective start date is 15 July 2016 to maintain legal status ?
FAQ Transcript
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.
USCIS Completes the H-1B Cap Random Selection Process for FY 2017
U.S. Citizenship and Immigration Services (USCIS) announced on April 7, 2016, that it has received enough H-1B petitions to reach the statutory cap of 65,000 visas for fiscal year (FY) 2017. USCIS has also received more than the limit of 20,000 H-1B petitions filed under the advanced degree exemption, also known as the master’s cap.
PERM Processing Times Updated
The Analyst Review and Audit dates posted on iCERT above reflect the month and year in which cases were filed that are now being adjudicated at the Atlanta National Processing Center. *The Reconsideration Request to the CO dates posted on iCERT above reflect the month and year in which cases that are now being reviewed at the Atlanta National Processing Center were appealed.
Recording of Free Community Conference Call (Every Other Thursday), 7 April 2016
Immigration.com
Green Card
Substantial transcription for video
Topics for Discussion, Thursday, 7 April 2016:
FAQ: Gaps in immigration status; Getting married when AOS I-485 is pending (following to join and other options); Name variation in diploma or degree, name change for immigration
Other: STEM OPT extension; H-1 approval quota exemption without visa stamping or working; I-94 for visitors B-1/B-2 visa; H-1 quota issues in converting from H-1 to H-4 then back to H-1; OPT sent incorrect/wrong fees; OPT if out of status; Revocation of I-140 and AC21 for a slightly different job (to Systems Analyst, from Software Developer); Unlawful presence consequences; Recouping time on OPT EAD lost because of USCIS processing delay; Travel while second RFE on I-485 is pending; I-751 delay; USCIS delays; Options upon receiving NOIR on I-140; EB-3 and H-1 from nonprofit to for-profit company – H-1 quota and EB-2 issues; Impact of I-140 withdrawal/revocation on H-4 EAD; etc.