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Frequently Asked Questions

Provided by Humera Subhani

June 2017

I am an Indian national on an L-1 visa and an approved I-140 and want to file for my green card (I-485). When can I file as the category should be current?
After many years of being current, this category, called EB1, for Multinational Executives and Managers has just retrogressed to January 1, 2012. Unfortunately, this means that the category will not be current again until the next fiscal year, which is October 1, 2017. Therefore, make sure that your L-1 is valid until October 1, 2017 and then you are able to file for your adjustment of status on October 1.

Please note that only India and China are affected. Other countries are still able to file with a current priority date. For Indian and Chinese nationals, the I-140 can be filed now and the I-485 after October 1, 2017.

I have not heard back regarding the H-1B in this year’s lottery quota. Should I be concerned?
On May 3, 2017, USCIS announced that it has completed the initial data entry of all cases which were accepted in the quota. They will start mailing back cases shortly. If your filing fee checks have not been cleared, you are most likely not selected in this year’s lottery. It is not clear when all cases will be returned, but we anticipate that it will be finished within 1-2 months.

I am filing for a change of status from B-2 to F-1 and have heard that the law has changed. What has changed and how will that affect me?
The change announced in April 2017 has been quite confusing for both attorneys and applicants, especially when it is unclear if the B-2 “bridge” extensions will be approved. USCIS is clarifying its regulations about when a B-2 extension needs to be filed, as follows:
You must maintain your B-1 or B-2 status while your Form I-539 is pending. You will need to file a second Form I-539, with a separate fee, to request an extension of your B-1 or B-2 status if:

A) your current status will expire more than 30 days before the initial F-1 or M-1 program start date. We may approve your Form I-539 change of status request only if you are maintaining your B-1/B-2 status up to 30 days before your program’s initial start date. If you do not file an extension request on time, we will deny your Form I-539 request to change to F-1 or M-1 status. Please check our processing times to determine if you need to file a request to extend your B-1/B-2 status.

B) your F-1 or M-1 program start date is deferred to the following academic term or semester because we did not make a decision on your Form I-539 change of status application before your originally intended F-1 program start date. You must file a second Form I-539 in order to bridge the gap in time between when your current status expires and the 30 day period before your new F-1 program start date.

APPLICATION FINAL ACTION DATES FOR June 2017

FAMILY	India	Pakistan/Bangladesh
1st	22Dec10	22Dec10
2A	15Aug15	15Aug15
2B	22Oct10	22Oct10
3rd	01Jul05	01Jul05
4th	15Sep03	08May04

EMPLOYMENT	India	Pakistan/Bangladesh
1st	01Jan12	Current
2nd	01Jul08	Current
3rd	15May05	15Apr17
Other	15May05	15Apr17
4th	Current	Current
5th	Current	Current1B

DATES FOR FILING VISA APPLICATIONS - June 2017

FAMILY	India	Pakistan/Bangladesh
1st	22Jul11	22Jul11
2A	08Apr16	08Apr16
2B	01Sep11	01Sep11
3rd	01Dec05	01Dec05
4th	22Jun04	15Nov04

EMPLOYMENT	India	Pakistan/Bangladesh
1st	Current	Current
2nd	01Feb09	Current
3rd	22Apr06	Current
Other	22Apr06	Current
4th	Current	Current
5th	Current	Current1B