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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USCIS – Texas Service Center moving to Irving

 

Texas Service Center- TSC (one of the five USCIS service centers – California Service Center, the Nebraska Service Center, the Potomac Service Center, the Texas Service Center, and the Vermont Service Center) will be moving to Irving soon!!

AS per  https://www.uscis.gov/news/news-releases/construction-begins-new-home-uscis-texas-service-center  , U.S. Citizenship and Immigration Services (USCIS), General Services Administration (GSA) and federal contractor Trammell Crow Company and Gensler broke ground  on the future home of the Texas Service Center (TSC) at the northwest corner of President George Bush Turnpike and Beltline Road in Irving, Texas, near Dallas/Fort Worth International Airport.

The TSC will be the sole occupant of the planned 267,000-square-foot building, housing approximately 1,000 employees who currently work in three buildings on two campuses that are 17 miles apart. The consolidation is anticipated to take place in spring 2020, and will help streamline operations as TSC continues to provide prompt and efficient service in processing requests for immigration benefits.

 

EB2 to EB3 downgrade for Indian Nationals

Recent quick movement of priority dates of EB3 for India has resulted in many looking for options to downgrade.

Porting of Previous Priority Date:

According to 8 C.F.R. § 204.5(e), a subsequent  EB-1, EB-2 or EB-3 petition is entitled to earliest priority date, unless the prior petition is revoked due to fraud. So a subsequent downgrade petition to EB3 or an upgrade petition to EB2 from EB3 typically should retain the previous priority date. In general, nothing additional needs to be done to get the previous priority date other than notifying USCIS that there is a previous approval and request a porting of the previous priority date with the subsequent I-140 petition.

New PERM Filing is not Needed for downgrading  EB2 to EB3:

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Workload Transfer between Service Centers – Update

ALERT: Recently USCIS has announced a few of the I-129 cases requesting H-1B classification have been transferred from the California Service Center to Nebraska Service Center.

USCIS has also announced that it has transferred some of the following cases from the Vermont Service Center to the Texas Service Center:

  • Form I-539, Application to Extend/Change Nonimmigrant Status, for F, M, J, or B nonimmigrants

 

 

Premium Processing for H-1B by EXPEDITE PROCESS while Premium is suspended

Premium Processing is currently suspended for many H-1B filings. While premium processing is suspended, petitioners may still submit a request to expedite an H-1B petition if they meet the criteria  laid out by USCIS.

Petitioner’s must meet one of the FOUR criteria stated in below USCIS pages to qualify and request premium processing currently.

https://www.uscis.gov/forms/expedite-criteria

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume1-PartA-Chapter12.html

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.