LATEST IMMIGRATION NEWS – Front Page Sticky

11/09/2018 – USCIS announced that starting November 19, 2018, USCIS may issue NTAs based on denials for additional forms. Forms I-914, I-918, I-360, I-929 and I-730 as well as I-485 when filed with these types of forms are going to be impacted. H-1B’s and I-129’s are still not being issued NTAs

11/09/2018 – President Trump issued a proclamation suspending, for a limited period, the entry of certain individuals traveling through Mexico and seeking entry the United States.

11/09/2018 – Ninth Circuit affirms preliminary injunction requiring DHS to adjudicate DACA applications for renewal of existing DACA recipients.

10/30/2018 –  USCIS announces phased  elimination of self-scheduling InfoPass appointments.  Information Services Modernization Program ends self-scheduling of InfoPass appointments and instead encourages applicants to use USCIS online information resources to view general how-to information and check case statuses through the USCIS Contact Center. Recent improvements to online tools provide applicants the ability to obtain their case status and other immigration information without having to visit a local field office.

10/29/2018 – AP reports citizenship timelines are now as long as 2 years. Click APNEWS.COM

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Lawsuit Challenges Legality of USCIS Unlawful Presence August 9th memo

USCIS issued a policy memo on August 9, 2018,  regarding “Accrual of Unlawful Presence and F, J, and M Nonimmigrants,”. A lawsuit has been filed this week stating this memo as contrary to the statutory unlawful presence provisions, and violative of the Administrative Procedure Act and the Due Process Clause of the U.S. Constitution.  This case is titled as Guilford College v. Neilsen and filed on 10/23/18.

Plaintiffs Guilford College, Guilford College International Club, The New School, Foothill-De Anza Community College District, and Haverford College initiated this lawsuit against Defendants Kirstjen Nielsen, in her official capacity as Secretary of Homeland Security; the U.S. Department of Homeland Security (“DHS”); L. Francis Cissna, in his official capacity as Director of U.S. Citizenship and Immigration Services; and U.S. Citizenship and Immigration Services (“USCIS”).  This lawsuit requests the court to declare the USCIS memorandum as unlawful.

Changing H-1B employers without two pay statements

There is a common misconception that one needs two most recent pay statements for H-1B transfers.

One of a common question I get around October 1st( since new cap H1’s start on Oct 1st) of every year revolves over how long does a person who has recently been granted a new H-1B status need to wait before one can transfer to a new employer. USCIS does not require two pay cycles to run before one can transfer. One can transfer immediately and there is no time limit. However one does need to show that until the day of filing of H-1B transfer one has maintained valid H-1B status as required. In summary if a new employee who has been granted H-1B status on October 1, 2018 decides to change their employer on October 10th, all one needs to prove is that valid status has been maintained from October 1st to 10th.

In summary, one does not need to wait for two pay cycles to change employment as it is a common misconception that one has to wait for two pay statements.

CHANGE OF STATUS from F-1 to H-1B STATUS : REMINDER

October 1st is officially the first day the new H-1B’s filed in April Cap can start if approved and an I94 issued.

For all the F-1 based Change of Status beneficiaries who have received an approval make sure you have received the approval with an I-94. The I-94 is on the bottom left of all approvals if an I94 is granted. If not, the approval typically states that a consulate is notified. In case the change of status is not granted but consulate is notified, in general, the beneficiary would need to travel to an appropriate US consulate to get the H-1B visa. If the Change of Status is granted and I94 is issued, the employee can stay in the country without the need to approach the consulate as of October 1, 2018.

For all the employees who are currently working on CAP-GAP but have not yet received an approval, the beneficiary would need to stop working on CAP-GAP till a decision is made by USCIS.

F-1 Cap Gap after September 30, 2018

F-1 “Cap-gap” Status and Work Authorization Extension Only Valid through Sept. 30, 2018

F-1 students who have an H-1B petition that remains pending on Oct. 1, 2018, risk accruing unlawful presence if they continue to work on or after Oct. 1 (unless otherwise authorized to continue employment), as their “cap-gap” work authorization is only valid through Sept. 30.

Check original uscis website for complete information: https://www.uscis.gov/news/alerts/f-1-cap-gap-status-and-work-authorization-extension-only-valid-through-sept-30-2018