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News and Questions

By Humera Subhani Email By Humera Subhani
May 2016
News and Questions

H-1B Lottery Completed for FY2017
On April 9, 2016, USCIS used a computer-generated random selection process, or lottery, to select enough petitions to meet the congressionally mandated H-1B cap for FY2017. USCIS will reject and return all unselected petitions. USCIS received more than 236,000 H-1B petitions during the filing period, and will begin premium processing no later than May 16, 2016.

As of April 12, 2016, some petitioners have already begun receiving notifications from accepted cases in the Master’s Quota (premium processing unit). Other notices and rejections may take up to two months, as was the case during the last quota.

USCIS Revises Naturalization Form (N-400)
USCIS revised Form N-400, Application for Naturalization. The 9/13/13 edition of the form may be used until 8/9/16. USCIS made several changes to the form: removed the 2D barcode, streamlined the application, and added language to the instructions to help identify evidence needed.

Q: I have changed my status to an F1 student, but I entered the US on a visit visa. Can I travel and return safely to the US?
A: This is a very common scenario and there is no clear answer. First, it is important to note that a legal status is very different from a visa. A legal status just means that you are staying legally in the US and are complying with the terms of your legal status. A visa, however, is stamped in your passport and allows you to travel. You cannot travel out of the country and then re-enter without a legal visa stamped in your passport. In order to get the visa stamped, you must make an appointment with a US consulate abroad and in most cases, go through a visa interview. For a student visa, you would need to present the following documents:
• Form I-20, endorsed for travel and signed by your Designated School Official (DSO) (see your DSO before you travel).
• Original evidence showing proof of necessary funds to cover tuition and living expenses.
• Evidence showing your intention to return to your home country upon program completion, including evidence of compelling social and economic ties to your home country (i.e. property, investments you own, family who lives in the home country, potential job offers, etc.).
• If you have applied for or had optional practical training (OPT) approved, bring a copy of your Form I-20 endorsed for OPT and your Employment Authorization Document (EAD).

It is advisable to see your DSO and/or immigration attorney when you are trying to obtain an intention-based visa.

APPLICATION FINAL ACTION DATES FOR May 2016

 

FAMILY

India

Pakistan/Bangladesh

1st

22Nov08

22Nov08

2A

01Nov14

01Nov14

2B

01Sep09

01Sep09

3rd

01Dec04

01Dec04

4th

22Jul03

22Jul03

 

 

EMPLOYMENT

India

Pakistan/Bangladesh

1st

Current

Current

2nd

22Nov08

Current

3rd

01Sep04

15Feb16

Other

01Sep04

15Feb16

4th

Current

Current

5th

Current

Current1B

 


DATES FOR FILING VISA APPLICATIONS - May 2016

 

FAMILY

India

Pakistan/Bangladesh

1st

01Oct09

01Oct09

2A

15Jun15

15Jun15

2B

15Dec10

15Dec10

3rd

01Aug05

01Aug05

4th

01May04

01May04

 

 

EMPLOYMENT

India

Pakistan/Bangladesh

1st

Current

Current

2nd

01Jul09

Current

3rd

01Jul05

​Current

Other

01Jul05

​Current

4th

Current

Current

5th

Current

Current1B

 

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