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Frequently Asked Questions

Provided by Humera Subhani Email Provided by Humera Subhani
June 2017
Frequently Asked Questions

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

https://travel.state.gov/content/visas/en/law-and-policy/bulletin/2017/visa-bulletin-for-june-2017.html

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