Immigration News Briefs
H-1B Premium Processing Resumes
U.S. Citizenship and Immigration Services (USCIS)
resumed premium processing on October 3, 2017 for all
H-1B visa extension of stay petitions. USCIS had already
resumed premium processing for H-1B petitions subject to
the annual cap, petitions filed on behalf of physicians under
the Conrad 30 waiver program, as well as interested government
agency waivers and certain H-1B petitions that are
not subject to the cap. Premium processing is now available
for all types of H-1B petitions.
“Preconceived Intent” Rule
The Department of State (DOS) has a new guidance on
the term “misrepresentation” for purposes of determining
inadmissibility: Any alien who, by fraud or willfully misrepresenting
a material fact, seeks to procure (or has sought
to procure or has procured) a visa, other documentation, or
admission into the United States or other benefit provided
under this Act, is inadmissible. The “30/60 Day Rule” has
been eliminated, and new sections regarding status violations
or “inconsistent conduct” within 90 days of entry,
and after 90 days of entry have been added. The changes
are important for individuals who apply for adjustment of
status or change of status after entering the United States
on a nonimmigrant visa or temporary basis.
The following actions are sufficient to trigger application
of the rule:
• Engaging in unauthorized employment
• Enrolling in
a full course of academic study without authorization and/
or the appropriate change of status
• Marrying a U.S. citizen
or permanent resident and taking up residence in the
United States if you are a nonimmigrant in a status prohibiting
immigrant intent
• Undertaking any other activity for
which a change of status or an adjustment of status would
be required, without changing or adjusting status.
It is advised not to apply for a change or adjustment of
status until 90 days have passed from the entry date.
Work Authorization Form and SSN Request
USCIS and the Social Security Administration (SSA) now
share some information, so foreign nationals in certain categories
or classifications can apply for work authorization
and a social security number using a single form, the updated
Form I-765, Application for Employment Authorization.
This revised form includes additional questions that
allow applicants to apply for an SSN or replacement card
without visiting an SSA office. Now applicants who receive
their approved EADs from USCIS should receive their Social
Security card from SSA within two weeks.
APPLICATION FINAL ACTION DATES FOR November 2017
|
FAMILY |
India |
Pakistan/Bangladesh |
|
1st |
22Jan11 |
22Jan11 |
|
2A |
15Nov15 |
15Nov15 |
|
2B |
15Nov10 |
15Nov10 |
|
3rd |
15Aug05 |
15Aug05 |
|
4th |
22Oct03 |
22May04 |
|
EMPLOYMENT |
India |
Pakistan/Bangladesh |
|
1st |
Current |
Current |
|
2nd |
08Oct08 |
Current |
|
3rd |
15Oct06 |
Current |
|
Other |
15Oct06 |
Current |
|
4th |
Current |
Current |
|
5th |
Current |
Current1B |
DATES FOR FILING VISA APPLICATIONS - November 2017
|
FAMILY |
India |
Pakistan/Bangladesh |
|
1st |
01Jan12 |
01Jan12 |
|
2A |
01Nov16 |
01Nov16 |
|
2B |
01Sep11 |
01Sep11 |
|
3rd |
01Dec05 |
01Dec05 |
|
4th |
22Jun04 |
15Nov04 |
|
EMPLOYMENT |
India |
Pakistan/Bangladesh |
|
1st |
Current |
Current |
|
2nd |
08Feb09 |
Current |
|
3rd |
01Jan08 |
Current |
|
Other |
01Jan08 |
Current |
|
4th |
Current |
Current |
|
5th |
Current |
Current1B |
Please note that the first section of this table is correct; the first section of the table in the print/digital issue needs correction.
Enjoyed reading Khabar magazine? Subscribe to Khabar and get a full digital copy of this Indian-American community magazine.
