ImmiTips

USCIS’ policy of tolling unlawful presence while an application is pending protects applicants from being forced to abandon pending applications upon the expiration of their status. Due to equitable tolling, applicants may remain in the U.S. legally for the duration of the application process, even after their previously approved status has expired.

The United States Citizenship and Immigration Services announced this afternoon that the quota for cap subject H-1B visas has officially been reached for the Fiscal Year 2012. USCIS will reject all cap-subject petitions for new H-1B specialty occupations workers with start dates in Fiscal Year 2012. Read more at: FY 2012 H-1B Cap Reached.
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If passed, the StartUp Visa Act of 2011 would create an opportunity for immigrant entrepreneurs to bring their innovative business plans to the United States. It would add to the number of immigrant visas issued every year, but would draw from the number of visas already allocated to the EB-5 visa classification. In recent years, only half of the yearly allotment of visas in the EB-5 category has been issued. In theory, the implementation of the Act would help stimulate the U.S. economy by attracting a greater number of talented entrepreneurs who may not have qualified for immigrant visas before due to financial limitations.

Summary: Immediate family members (spouses and children under the age of 21) of immigrant visa holders may follow to join the principal beneficiary of an approved immigrant visa petition in a derivative visa status. The form I-824, Application for Action on an Approved Application or Petition, should be used to notify the U.S. consulate in the beneficiary’s country of citizenship that his or her visa petition has been approved and that his or her family members are applying for derivative visas in order to follow to join.

InfoPass is a free service that lets you schedule an appointment with a U.S. Citizenship and Immigration Services (USCIS) Immigration Officer by using the Internet at any time of day or night. If you have an immigration issue that is best handled by a trained USCIS Immigration Officer, InfoPass will [...]