OUTSIDE THE BOX THINKING, DELIVERING CUTTING EDGE SOLUTIONS!

USCIS announced on March 18th that they have suspended routine in-person services, they have now extended that public closure until at least June 4th. USCIS will continue to operate but without public personal contact. USCIS will provide very limited emergency services that require personal contact; you must contact the USCIS Contact Center for more information. I have also listed the different subjects and actions available online below:

  • Field Office Appointments and Rescheduling
  • Application Support Center Appointments and Rescheduling

The Department of State has released its latest Visa Bulletin.

Click the link to view the May 2020 Visa Bulletin

The monthly Visa Bulletin has changed. The bulletin now summarizes the availability of immigrant numbers during the reported month for: “Application Final Action Dates” (consistent with prior Visa Bulletins) and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center using Consular Processing (outside of the US) or file on their own with USCIS Form I-485 (within the US).

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.

Question #1 – Exchange Visitors

My niece has a J1 visa and some things have occurred and now the sponsor wants to cancel her visa. My question is what is the time period that she has to leave the country without incurring any unlawful presence?

USCIS Offices Closed to the Public – Closure Extended until May 3

USCIS announced on March 18th that they have suspended routine in-person services, they have now extended that public closure until at least May 3rd. This step is being taken to slow the spread of the Coronavirus (COVID-19)! USCIS will continue to operate but without public personal contact. USCIS will provide very limited emergency services that require personal contact; you must contact the USCIS Contact Center for more information.

Please visit this page for more information: USCIS Temporary Office Closure Extended until at least May 3

The Department of Homeland Security (DHS) working with the U.S. Department of Agriculture (USDA), have made a temporary final rule change certain H-2A requirements! These temporary changes are to help U.S. agricultural employers avoid disruptions in lawful agricultural-related employment! DHS and USDA are working to protect the nation’s food supply chain and lessen impacts during this public health emergency.

*Under this temporary final rule, an H-2A petitioner with a valid temporary labor certification who is concerned that workers will be unable to enter the country due to travel restrictions can start employing certain foreign workers who are currently in H-2A status in the United States immediately after United States Citizenship and Immigration Services (USCIS) receives the H-2A petition, but no earlier than the start date of employment listed on the petition. To take advantage of this time-limited change in regulatory requirements, the H-2A worker seeking to change employers must already be in the United States and in valid H-2A status.

For important details please read the USCIS News Release, “DHS and USDA Move to Protect American Farmers and Ensure Continued Flow of America’s Food Supply“.

We wanted to find a new way to engage our reader base. Every other Friday, we will post the ten (10) best/most frequently asked questions received during the week from our h1bvisalawyerblog, Facebook, and Twitter readers. We will answer those questions and provide the Q&A on our H-1B Visa Lawyer Blog.

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, DREAMers, Deferred Action for Childhood Arrivals, priority dates, the monthly visa bulletin, adjustment applications, etc., please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, April 24, 2020. Act now and submit your questions!

U.S. Citizenship and Immigration Services (USCIS) is warning fiscal year (FY) 2021 H-1B cap-subject petitioners that there will be a delay in data entry and receipt notice generation! H-1B cap-subject filling will still start April 1st, but data entry and receipt notice generation will be delayed and not start until at least May 1st, at the earliest. These delays are due to the coronavirus (COVID-19) pandemic!

* Once USCIS begins data entry, we will complete intake processing in the order in which we received petitions at the service centers. Petitions will be stamped received on the date they arrive at the service center. Petitions, if otherwise properly filed, will retain the receipt date that corresponds with the date the petition is received at the service center.

For important details please read the USCIS Stakeholder Message, “USCIS Announces Delay in Data Entry and Receipt Notice Generation for FY 2021 H-1B Cap-Subject Petitions Due to the Coronavirus Pandemic“ (PDF)

The Department of Homeland Security (DHS) has recognized that there will be delays and other immigration related problems during the coronavirus (COVID-19) pandemic! They have listed many different options available for nonimmigrants during this national crisis! DHS recognize that nonimmigrants may unexpectedly remain in the United States beyond their authorized period of stay due to COVID-19. Should this occur, the following options are available for nonimmigrants:

• Apply for an Extension.

• If You File in a Timely Manner.

The Trump Administration is using Public Health Laws to shut down any Asylum Requests at all U.S. border enter points. The U.S. Customs and Border Protection (CBP) is turning away all Asylum Requester at U.S borders without review of their Asylum Request.

Asylum Seekers, Jackeline Reyes and her 15-year-old daughter from Honduras where turned away from the border crossing at Reynosa, Mexico on March 24th. The Mother stated, “The agent told us about the virus and that we couldn’t go further, but she didn’t let us speak or anything.”

Please visit this page for more information: Trump quietly shuts down asylum at US borders to fight virus

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.

Question #1 – Family Based Immigration

At what stage of the Family Based Green Card process does the priority date get assigned?

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