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Online solutions help you to manage your record administration along with raise the efficiency of the workflows. Stick to the fast guide to do Form I-797, steer clear of blunders along with furnish it in a timely manner:

How to complete any Form I-797 online:

  1. On the site with all the document, click on Begin immediately along with complete for the editor.
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FAQ

As per the latest memo to USCIS for H1Bs, what is the impact on H1B extensions?
There is a string of policy memorandums implemented by USCIS that can drastically complicate the H1-B extension process.Most recently, on Sept. 11, 2022. Policy Memorandum 602-0163 went into effect granting USCIS officers the ability to deny a visa or green card application, petition or request (extensions) without issuing a Request for Evidence (RFE).What this means is that immigration officials who have questions about a case or see a technical issue can merely deny instead of giving the applicant or petitioner an opportunity to correct clerical errors or prU.S. employers and attorneys the right to address concerns.Adjudicators have effectively been given almost full discretion to make complex judgments without clear standards nor proper oversight to safeguard against unequal treatment.When taken in conjunction with these four other new policies enacted by the Trump administration, the implications are astonishing and pose major issues to H-1B visa extensions.1. Deference to previously approved visasThe first major hurdle for H-1B visa holders came in the form of Policy Memorandum 602-0151 issued on October 23, 2022. The new memorandum rescinded previous guidance, issued April 23, 2022. that gave deference to prior determinations of eligibility for H-1B visa holders filing for extensions that involved the same parties and underlying facts as the initial petition.In other words, USCIS introduced a series of policies with more stringent standards to apply to previously approved petitions.2. Level 1 wageThe second complication to H-1B petitions is wage levels. More H-1B RFEs now question wage level 1. On March 31, 2022. USCIS issued a policy memorandum that put into question the qualification of ‘computer programmer• as a specialty occupation. Specifically, entry-level positions that require a university degree, but no experience are typically classified under level 1 wage.USCIS has argued that the job duties paying level 1 wages are not complex enough to qualify as specialized but too complex to be considered entry-level because they involve the exercise of judgment and thus require oversight from a wage level 3 supervisor. Quite the predicament.3. Specialty occupationThis brings us to the problem of singular degrees and specialization. USCIS contends that a specialty occupation requires a theoretical and practical application of a body of specialized knowledge and together with at least a bachelor's degree or its equivalent. The issue with the singular degree requirement is that often the coursework of a related degree provides the specialized knowledge needed to perform job duties.For instance, to fill a computer programmer position an applicant does not necessarily require a computer science degree to carry out tasks. Instead, a person with a mathematics or information technology degree can adequately fulfill such job responsibilities.Under the new policy, if an employer determines that an applicant with a mathematics degree is most qualified for a computer programmer position, a technical evaluation must then be submitted with solid documentation demonstrating how the applicant’s coursework is directly connected to the job description, adding time and money to an already complex process.4. Right to controlAnother obstacle to the H-1B visa is the “right to control” in which USCIS scrutinizes the employer-employee relationship by weighing multiple factors such as who directly supervises the H-1B worker and whether supervision is performed on or off-site. If the work is performed off-site, then the method and frequency of supervision are analyzed. USCIS further evaluates the employer-employee relationship in a myriad of ways including with the use of proprietary information and whether the end work product is directly linked to the H-1B employer's (petitioner's) business is closely examined.To combat such intrusive investigation by USCIS, project management software that indicates oversight and services provided by all constituents should be used. Furthermore, submitting an itinerary or any and all documentation demonstrating the employer-employee relationship with specific job duties that is signed by all parties can help increase the chances of success.Lastly, the implementation of USCIS Policy Memorandum 602-0050.1 beginning October 1, 2022. expands the conditions under which USCIS issues a Notice to Appear (NTA), the document that initiates removal (deportation) proceedings, to include situations where:“upon issuance of an unfavorable decision on an application, petition, or benefit request, the alien is not lawfully present in the United States.”The expansion of NTA policy will severely limit, the option to self-deport and could be ruinous for visa applicants by putting them in jeopardy of becoming criminals and being barred from the United States should they become out of status upon denial without warning.This is particularly alarming since RFEs are now issued at the adjudicator’s discretion adding undue pressure on the high-skill immigrant workforce. We may see a drastic increase in flat-out denials (including for extensions) even in cases that would ultimately be approved given the chance to rectify concerns or submit additional evidence.The implication for an H1-B visa holder seeking an extension is this: dot your i's and cross your t's, there is absolutely no room for error. Make sure you have a seasoned law professional with high approval success in your corner.Collectively, these changes could be devastating to American employers and employees who use legal processes to file visa petitions on behalf of the foreign nationals to extend their employment.** Guidance for employment-based petitions and humanitarian applications and petition case types will not be implemented according to the June 28th NTA memo at this time.**
What do I fill out as the "current USCIS status" on form i-485?
The I-485 form was updated in June 2017!Here is a guide on how to fill out the latest I-485.
How long does USCIS take to approve or reject the I-539 form? Can I get the status within one month after my case was received?
It depends on the type of status you were applying for and the service center it was filed at. You can check the processing times here: USCIS Processing Time InformationTypically USCIS will reject a case relatively quickly. They reject cases if they see an obvious error such as missing/incorrect filing check, missing form, etc. They issue an RFE usually a few weeks after a case has been filed if they need more documentation from you. Right now it seems like USCIS is taking about 4–5 months to process an I-539 application.*I am not an attorney. Please do not misconstrue the above as legal advice*
My I140 is approved for more than a year for my previous employer. I joined a new employer and tried to check the status in USCIS. It is throwing a case error. Is there a way to figure out whether my I140 is valid or not?
Your I 140 should be valid until your previous employer has withdrawn it. You can check with your previous employer on their policy with respect to I140 withdrawal• there was a new regulation from dhs that after 180 days , the petitioner cannot withdraw the i140
Does the USCIS new policy effective on August 9, 2022 means out of status individuals can no longer change their status through marriage to U.S. citizen?
You are probably referring to the policy change where people in F, J, and M status now accrue “unlawful presence” when they are out of status after August 9, 2022. whereas before, people in F and J statuses, who are almost always admitted for “D/S” on their I-94s, do not automatically start accruing “unlawful presence” even if they go out of status and stay past the end of their programs for years.The answer is NO, it has absolutely no effect on people who are doing Adjustment of Status in the US. “Unlawful presence” is not by itself relevant in the eligibility or adjudication of Adjustment of Status, so a change to the definition of when “unlawful presence” starts to accrue or how much “unlawful presence” will have accrued does not change who can do Adjustment of Status in the US.Someone in the Immediate Relative category (spouse, parent, or unmarried under-21 child of a US citizen) is eligible for Adjustment of Status if they entered the US legally. Whether they are out of status or whether they have accrued “unlawful presence” is completely irrelevant. Under the new policy, someone in F or J status now starts accruing “unlawful presence” when they go out of status, but even if they have gone out of status for years, and thus have accrued years of “unlawful presence”, they are still 100% able to do Adjustment of Status in the Immediate Relative category. This is no different from how someone in a status like B-2 visitor or H-1b worker who are admitted until a certain date on their I-94s (and who thus start accruing “unlawful presence” after staying past the date on their I-94s) are 100% able to do Adjustment of Status in the Immediate Relative category after staying past the date on their I-94s for years.In other categories, eligibility may be affected by being out of status. For example, in family-based categories other than Immediate Relative, one is ineligible for Adjustment of Status if one is out of status, or has ever been out of status in the past. In employment-based categories, one is ineligible for Adjustment of Status if one has been out of status for more than 180 days since the most recent admission. All of these things are about being “out of status”, not “unlawful presence”. The recent policy change did not change anything about when someone is “out of status”, and thus has no effect on Adjustment of Status in any of those categories either. People who, in past years, were out of status in F or J status but who weren’t accruing “unlawful presence”, still couldn’t do Adjustment of Status in those categories because they were out of status.What “unlawful presence” matters for is the unlawful presence bans • if you accrue 180 days/1 year of “unlawful presence” and then leave the US, you trigger a 3-year/10-year ban, respectively. Note the key condition • leave the US • if you haven’t left the US, you don’t have this ban. People doing Adjustment of Status in the US haven’t left the US, so aren’t affected by this. This change in policy only affects people who (after August 9, 2022. go out of status for a long time and then leave the US. It does not affect people who do Adjustment of Status in the US.
Is it possible that the USCIS can deny the extension after being received an approved petition copy in hand on Aug 2022. In short, will the USCIS reopen an approved case by them self and deny it again?
Technically, this is possible. USCIS is authorized to review any and all cases that were approved previously and now in effect. But in order to do this, there has to be a reason. USCIS doesn’t have a problem with finding work. They have backlogs to last them a lifetime. So, going back for a random audit of a previous case, in my opinion, is highly unlikely. What might happen is, if someone complains to USCIS saying they were in the same situation as you were and they got denied while you were approved. Then, for comparison purposes, your case may come to daylight again and if it gets to be found, not fitting the approval criteria it passed in the past, it may get denied. This is one possible scenario. Others might exist as well.
Why hasn’t USCIS approved the change of status from F2 to F1 after 5 months?
You should check USCIS current processing times for your Service Center (where your application for change of status is pending). Look at the I-797 Receipt to see what service center has jurisdiction over your case, and find its processing times at the link below.USCIS Processing Time Information
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