AM22 Tech https://www.am22tech.com Visa, Immigration and Money Mon, 22 Oct 2018 20:41:31 +0000 en-US hourly 1 https://www.am22tech.com/wp-content/uploads/2017/12/am22tech-logo.png AM22 Tech https://www.am22tech.com 32 32 Australia 189 – 190 Visa Fees – (PR) Permanent Residency https://www.am22tech.com/australia-189-190-visa-fees/ https://www.am22tech.com/australia-189-190-visa-fees/#respond Sun, 07 Oct 2018 21:23:27 +0000 https://www.am22tech.com/?p=168342 Australia 189 - 190 Visa Fees - AUD $3755 - primary Adult, $1875 - Additional Adult, $940 - Child below 18 yrs. Non refundable. Credit/Debit card accepted.

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Australia 189 – 190 visa Fees – Government – Skilled independent Class
Skilled subclass 189 / 190 189 (New Zealand Stream)
Adult (18+ years) AUD $3,755 AUD $3,750
Additional Adult – dependent (18+ years) AUD $1,875 AUD $1,875
Child (Less than 18 years) AUD $940 AUD $945

You can pay via your international visa / Mastercard / American Express debit or credit card. Discover card is NOT accepted at this time.

Australian Visa fees are Non-Refundable

Fees are not refunded if the visa is rejected.

Second Installment Fees – For Dependent’s English

For applicants who have turned 18 at the time of application and who are assessed as not having functional English, the second installment is AUD $4,885.

For any other applicant, the second installment is Zero (0).

Use these documents to prove dependent’s functional English to save on this fees.

Other Australian PR costs

There are other costs associated with applying for Australian PR at different levels of application.

Type Per Person
Education & Work Assessment fees (ACS) AUD $ 500
Police Clearance Certificate Fees (Varies by country) USD $18 (FBI)
English language test fees USD $ 200 (PTE) USD $230 (IELTS)
Medical Examination Fees (varies by country) USD $350 (USA) INR 6000 (India)

Payment by Debit / Credit card Surcharge

If you pay using debit or credit card listed below, an additional surcharge is added on top of the fees listed above

Debit/Credit Surcharge
PayPal 1.00%
Visa / Mastercard 1.32%
American Express 1.40%
JCB 1.40%
Union Pay 1.90%
Diners Club International 1.99%
Discover Not accepted

Some people like to pay with travel Forex card though to save currency conversion fees and foreign transaction charges charged by credit card banking company.

Australia 189 - 190 visa fees
Australia 189 – 190 visa fees

Source: Australia Fees

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H1B Processing Delays Increase after Premium Processing Ban! https://www.am22tech.com/h1b-processing-delays-increase-after-premium-processing-ban/ https://www.am22tech.com/h1b-processing-delays-increase-after-premium-processing-ban/#respond Wed, 03 Oct 2018 00:15:03 +0000 https://www.am22tech.com/?p=168339 H1B regular processing time has increased at California, vermont service centers after Premium processing suspension. Track daily delay after sep 11, 2018 ban.

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We are keeping a track of Current H1B processing times officially published by USCIS daily after the Sep 11, 2018 H1B premium processing suspension.

The number of days taken to process H1B application in regular processing has certainly increased at all USCIS services centers.
These are LIVE graphs that get updated daily. Please give them a minute to load.

From Sep 11 to Sep 27, an h1B application was receiving a result in 135 days at Vermont and 219 days at California. This time has not increased to 152 and 250 days respectively.

H1B Extension, Transfer, Amendment Processing Delays- Days

Does this mean that premium processing suspension has actually increased the per-application result time?

Interestingly, the gap is approximately equal to the premium processing time of 15 calendar days.

Can we infer that USCIS finished H1B premium applications filed on or before Sep 11 by Sep 27 and then suddenly all their contractors shifted focus to regular petitions?

H1B Change of Status processing Delays – Days

These numbers certainly do not give a good feeling when an H1B worker only has 240 days of work authorization after his i94 expires.

Another big headache is the renewal of the driving license which is tagged to the H1B i797 approval validity. Most US states do not renew the driving license unless one has an approved H1B i797 in hand.

Not sure if USCIS ever thinks of the hardships that an H1B skilled worker may have to go through if petitions are not worked on timely.

H1B Consular Processing Delays – Days

H1B processing delays increased after premium processing suspension
H1B processing delays increased after premium processing suspension

How we collect USCIS processing time data?

The graphs are based on the data shared publicly by USCIS on their processing time check website.

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USCIS NTA Policy News – 18 – 33 day grace period before NTA is issued https://www.am22tech.com/uscis-nta-policy-grace-period-before-nta/ https://www.am22tech.com/uscis-nta-policy-grace-period-before-nta/#respond Tue, 02 Oct 2018 23:20:25 +0000 https://www.am22tech.com/?p=168337 USCIS NTA policy allows 18 - 33 days grace period to file appeal or leave USA before NTA is issued. H4 child can get NTA. I140, H1B extension 240 day not in NTA.

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What does the NTA do?

An NTA is a document that instructs an individual to appear before an immigration judge.
This is the first step in starting removal proceedings.

News: USCIS starts issuing NTA on Oct 1, 2018, for applications involving

  1. Form 1-485, Application to Register Permanent Residence; and
  2. Form 1-539, Application to Extend/Change Nonimmigrant Status

Is 18-33 day grace period allowed to leave U.S. before issuance of the NTA?

USCIS will add the information about grace period in the ‘DENIAL LETTER’ about how much time the person has to leave the USA.
USCIS will not issue NTA immediately and will wait for the expiration of the period in which person can file a permitted appeal or reconsideration motion before issuing an NTA.

Usually, the appeal time is 33 days from the date of USCIS denial (not the date when the person receives the denial letter). Some applications have the appeal period as low as 18 days.

So, effectively, you will have at least 18 days to appeal USCIS decision or leave USA before an NTA could possibly be issued against you.

Also, USCIS will not issue an NTA until the decision on an appeal or motion is completed.

I-140 & 240 day H1B applications are not part of NTA policy

H1B extension application working under 240 day rule after i94 expiry is not under NTA policy along with I-140 applications.

Can a dependent H4 Spouse and H4 Child get NTA?

Yes, anybody who’s status is found to be unlawful after the petition denial can be issued an NTA.

USCIS NTA policy - 18 to 33 day grace period before NTA is issued
USCIS NTA policy – 18 to 33 day grace period before NTA is issued

Application filed before Oct 1 can also get NTA

USCIS has made it clear that any application filed on or before Oct 1, 2018 can also receive NTA.

Can USCIS cancel NTA if application is approved after re-opening?

USCIS cannot cancel an NTA once it is issued. But, USCIS will work with ICE to see if it can be terminated if the case was approved after re-opening.

Can NTA be issued if applicant withdraws his application?

Yes, USCIS may issue an NTA if the individual is removable even if they withdraw their application before USCIS works on it.

Can NTAs be issued on denial of an application, without fraud or criminal factors?

Yes, USCIS may issue NTAs merely upon the denial of a visa application, without the presence of fraud or criminal factors, if the applicant is removable.

Source: USCIS NTA policy teleconference transcript

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F1 Cap Gap Student OPT Ends Sep 30 – H1B Pending – Work? https://www.am22tech.com/f1-student-opt-in-cap-gap-h1b-pending-work/ https://www.am22tech.com/f1-student-opt-in-cap-gap-h1b-pending-work/#respond Sat, 29 Sep 2018 00:52:02 +0000 https://www.am22tech.com/?p=168332 F1 cap gap student OPT extension ends sep 30 if H1B pending with USCIS. F1 can stay in US without working. Unlawful presence NTA possible if H1B denied after oct 1.

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F1 Cap Gap Meaning

USCIS allows an F-1 student who has filed cap-subject change of status to H-1B, to have his or her F-1 status and any current employment authorization (OPT) extended up to Sept. 30.

This is known as filling the “cap-gap”, which actually is like a bridge to fill the “gap” between the end of F-1 status and the beginning of H-1B status.

The “cap-gap” period starts when an F-1 student’s status and work authorization expire, and they are extended through Sept. 30, with Oct. 1 being the requested start date of their H-1B employment, unless it is terminated or the H-1B petition is denied before Oct. 1.

Cap-Gap occurs because an employer may not have the option of filing H1B for the F-1 student at the time his/her OPT EAD is officially expiring.

F1 Cap-Gap OPT After Oct 1 – H1B Pending

If a cap-gap H-1B is pending on or after Oct. 1, the F-1 student is no longer authorized to work under the cap-gap. They should stop working on Oct 1 to avoid issues.

F1 can stay in US till H1B reaches Result after Oct 1

The F-1 student can stay in the USA while the change of status petition is pending without adding unlawful presence, provided they do not work without authorization.

H1B Denied after Cap Gap

Once H1B is denied, you start adding ‘Unlawful presence’ after the day of denial. You should leave USA to avoid NTA (Deportation order).

H1B consular processing with cap-gap OPT extension

Only H1B application with a change of status is allowed to be eligible for cap-gap OPT extension.

F1 Cap Gap Ends Sep 30 if H1B is pending
F1 Cap Gap Ends Sep 30 if H1B is pending

F1 student with valid EAD after Oct 1 can still work

If an F-1 student with a pending change of status h1B petition has other work authorization (such as an I-765 with valid dates) that is valid even after Sept. 30, he/she can continue to work.

H1B is not selected in Lottery or denied before Sep 30

If the H1B petition is not selected in the lottery, or if the petition is denied, the cap-gap period terminates automatically.

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Current Australia PR Processing Time – 189 visa – 9 month, 190 – 6 month https://www.am22tech.com/australia-pr-processing-time/ https://www.am22tech.com/australia-pr-processing-time/#respond Mon, 24 Sep 2018 20:22:12 +0000 https://www.am22tech.com/?p=168328 Australia 189 PR Visa processing time = 10 to 12 months. 190 PR Visa = 7 to 8 months. 190 PR is processed faster than 189 due to less number of applications.

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Australia PR processing time – 189 Visa

189 Skilled – Independent Points-tested visa is taking 10 to 12 months to receive PR grant after you have submitted your application.

Australia PR processing time – 190 Visa

190 Skilled – State nominated points-tested visa is taking 7 to 8 months to receive PR grant after you have submitted your application.

Australia PR Invitation Time

The processing time mentioned above is only for applications that have been submitted after receiving the SkillSelect EOIinvitation to apply‘.

Invitation to apply is currently given to people, with a monthly draw (lottery), with the highest points in their job occupation category.

The waiting time to get an invitation could vary from 1 month to up to 12 months at this time for some occupations.
Example, Software Engineer with 70 points can expect to wait more than 10 months to receive 189 visa invite.

You cannot apply for Australia Permanent residency (PR) until you receive a formal invitation.

Australia PR processing time
Australia PR processing time

Source: Australia Immigration

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USCIS Status – Name was updated, Change of Address Updated https://www.am22tech.com/uscis-status-name-was-updated/ https://www.am22tech.com/uscis-status-name-was-updated/#respond Wed, 19 Sep 2018 15:39:20 +0000 https://www.am22tech.com/?p=168323 USCIS status - Name was updated can happen due to internal name correction to match your paper application. Address change update could be to fix apartment or street number.

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USCIS Status Update – Name was updated?

USCIS case status update shows as ‘Name was updated’ but you or your employer never sent any explicit request to update your name.

Don’t worry, this is just an internal USCIS system update that may have happened and is now showing on their USCIS case status website.

It can happen with any visa application like i765 (EAD), i 129 (work permit like H1B), i130, i485, i526 etc.

Example:

When the USCIS officer detects any mis-match in your name or address in their system with respect to your actual application, they want to correct / fix the name in their system.

This mis-match could happen due to the typing mistake made by the data entry operator while feeding your application in USCIS systems.

USCIS status - Name was Updated
USCIS status – Name was Updated

Change of Address update

Change of address update also has the same explanation when you or your employer attorney have NOT requested any update but you still see it on USCIS case status.

A missing zip code or an apartment number or an address spelling update can be made by USCIS officer to fix errors internally might show up on your case.

Should I worry or inform Attorney or employer?

There is no need to worry about these USCIS updates and no need to inform attorney or employer either. Your application is safe and is being actively worked on.

Does Name Change status mean RFE is on the way?

No, absolutely not. Many people believe that if you see the ‘name was updated’ status, then your application is going to receive an RFE (request for evidence) pretty soon. This is NOT correct.
Do not believe the rumors.

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DHS changing H1B specialty occupation definition, revise wage level https://www.am22tech.com/dhs-changing-h1b-specialty-occupation-definition-revise-wage-level/ https://www.am22tech.com/dhs-changing-h1b-specialty-occupation-definition-revise-wage-level/#respond Mon, 17 Sep 2018 17:19:29 +0000 https://www.am22tech.com/?p=168302 DHS agenda to revise H1B specialty occupation definition, revise wage level requirements and redefine employer employee relationship to target consulting company.

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DHS agenda to revise H1B Spciality Occupation criteria – Spring 2018

DHS has added a new item in their Spring 2018 agenda to change H1B visa eligibility criteria. It seems they just want to make getting H1B as difficult as getting on the moon.

Revise Specialty Occupation Definition

The DHS rule named ‘Strengthening the H-1B Nonimmigrant Visa Classification Program‘ aims to redefine ‘Specialty Occupation‘ possibly to exclude a large percentage of occupations that are currently considered eligible for H1B visa.

Lawyers claim that it is difficult to change the definition without passing the law in congress. DHS may be looking at lawsuit if they do go ahead with it.

Revise Employer Employee Relationship

The rule would also restrict which companies would be eligible for an H-1B based on the “employer-employee relationship.” Even though there is no clear mention of anything, but looks like DHS is planning to target third party consulting companies here.

Revise Wage Level 1 for H1B eligibility

In addition, DHS will propose additional requirements designed to ensure employers pay appropriate wages to H-1B visa holders.

The chances are high that wage level 1 would probably be removed from H1B qualification. If it does, it would hit international students looking to get H1B sponsorship right after finishing studies in USA.

Non-US citizen students make the biggest part of the chunk that ride on wage level 1 salaries as an entry level H1B worker.

DHS H1B redefine rule making timeline

DHS may take its own time to draft and publish rules and it normally takes more than a year.

A similar proposed rule to withdraw H4 EAD work authorization has been in draft stage since DHS 2017 fall agenda.

The Trump administration is riding high on their political agenda and targeting H1B and their families with a new rule almost every month under his ‘Buy American Hire American‘ policy.

DHS agenda to revise H1B specialty occupation
DHS agenda to revise H1B specialty occupation

Source: DHS Agenda

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EB3 India beats EB2 in October 2018 USCIS GC priority Race https://www.am22tech.com/eb3-india-beats-eb2-in-october-2018-uscis-gc-priority-race/ https://www.am22tech.com/eb3-india-beats-eb2-in-october-2018-uscis-gc-priority-race/#respond Thu, 13 Sep 2018 16:23:18 +0000 https://www.am22tech.com/?p=168299 Indian EB2 vs EB3 green card priority date movement. EB3 moves ahead by 4 months in October 2018 visa bullettin. EB3 expected to move faster than EB2.

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EB3 India Filing Date is 4 months ahead of EB2 India!

This is probably the first time in US Green Card history that EB3 India 'Date of filing of employment based' has moved past EB2 india by 4 months.

EB1 EB2 EB3
India 1 Oct 17 22 May 09 1 Oct 09
China 1 Oct 17 15 June 15 8 Aug 15

Is this a signal that pretty soon, the EB2 to EB3 reverse jumps will start as has happened in case China in last couple of years?

People usually start jumping from higher category (EB2) to lower category (EB3) when they see an opportunity to get green card faster in the lower category than their current one.

EB2 Indian, who's priority date is anywhere in 2010 will probably be able file GC when iphone XX will be launched 10 year in future!

Indian EB2 vs EB3 – i485 pending applications

The GC availability in Indian EB3 seems to have better chance at this time when compared with Indian EB2 based on the July 2018 USCIS pending i485 data.

India EB2 EB3
2008 227 41
2009 10,831 51
2010 (Jan – Apr) 4,677 (Jan-Apr) 0
2011 – 2018 0 0

Compare almost 11k EB2 India already waiting for getting GC with EB3's less than 100 numbers.

This clearly indicates that EB3 is going to take far long jump in the new 2018-19 USCIS GC priority date season as has been indicated by current 4 months clear advantage.

EB2 vs EB3 India race to green card
Indian EB2 vs EB3 race to green card

October 2018 Final Action dates

The EB3 Indian Final Action dates are not too far behind EB2 India either.
With this speed, EB3 may just win the race by the end of 2018-19 GC season!

Category EB1 EB2 EB3
OTHER 1 Apr 17 C C
China 1 June 16 1 APR 15 1 Jun 15
India 1 June 16 26 Mar 09 1 Jan 09
Mexico 1 Apr 17 C C
PHILIPPINES 1 Apr 17 C 1 June 17

Source: USCIS

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Car Insurance Basics for H1B visa – What to buy and what not https://www.am22tech.com/car-insurance-in-usa/ https://www.am22tech.com/car-insurance-in-usa/#respond Mon, 10 Sep 2018 13:46:21 +0000 https://www.am22tech.com/?p=168293 Car insurance basics for h1b visa. Only Liability insurance is mandatory at state minimum values. Save money on montly premium by not buying optional cover.

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Car Insurance Basics for H1B visa workers in USA

Car insurance is mandatory and is a big monthly expense in USA.
You will need this handy guide if you are coming to work in USA on a visa like H1B or L1 and planning to buy a car.

Category Sub-category Mandatory? My Opinion
A Liability Bodily Injury Yes. Up-to state minimum values. Take good amount of cover here. At-least 3 times more than state minimum.
Property damage Yes. Up-to state minimum values. Take good amount of cover here. At-least 3 times more than state minimum.
B Medical Payments No Use your Health insurance in case of accident.

Usually, the insured amount is too less to make any difference.

C Uninsured Motorists Bodily Injury No Covers ONLY your own personal injury. Not the other.
Property Damage No Covers ONLY your own CAR damage. Not the other.
D Damage to your Auto Collision Loss No Required by Bank if vehicle is on lease or financed. Covers your own vehicle.
Other than Collision Loss No Required by Bank if vehicle is on lease or financed. Covers your own vehicle.
E Towing and Labor No Not required as such. Covered by car makers itself for new cars.
F Optional Transportation Expense (Rental car) No Not required – You can use Uber / Lyft/ Waze rides these days if required.

These are my own opinion on how to save money on monthly car insurance in USA.

Car insurance h1b visa USA
Car insurance basics for h1b visa USA

These points work well with anybody who is in USA and not specifically to H1B or L1 visa holders though.

I have tried to help visa holders that are new to how USA car insurance works take an informed decision.

Car insurance Premium rates high for H1B?

When you enter USA with no previous credit history, which you will as a new comer, the car insurance rates will almost just be too high to believe!

As an example, Most H1B or L1 visa workers get the car insurance rate quote of about $400 per month when the car’s monthly EMI may just be less than $300 per month.

This is because, the car insurance company considers your no driving history in USA to be equivalent to a teenager in USA. They just consider you a new driver with HIGH risk of getting in to a road accident.

That is why, the immigrant community advises one to get their driving license as soon as they enter USA to start building driving history, even though you do not buy car immediately.

International driving license and history is USEFUL

Car insurance sales agent may NOT tell you this directly but your driving license and history from your own country is useful and can be counted to reduce your insurance premium!

The general rule followed by companies like GEICO, Amica, Liberty Mutual, progressive etc is to check your LAST 6 years of car driving history.

Example: You can use your Indian, Chinese (or any other country’s ) driving license to claim that you have been driving for more than 6 years.

You won’t believe but just using your own country’s driving license will reduce your car insurance monthly premium by HALF! This is true.

The online quote usually does not have the option of giving your driving history from native country. You should call the customer service to claim and get the benefit.

Car insurance premium raised after Accident / Ticket

In USA, any minor (slamming your car door into other car parked next to yours) or major (you hit other car while moving) accident where you are ‘at fault‘ (you were responsible for incident) raises your monthly premium almost immediately.

You can expect the insurance rates to almost double up after the incident.

To add salt to injury, since the accident information is added to your driving record, every car insurance company has access to it and each one of them will have an increased quote waiting for you, if you decide to switch to other provider!

If you think you can cover the cost of your OWN car and its damage, it is better to avoid the insurance all together.

Why I am saying this is, because, insurance company does pay for the damages after an accident, but, eventually recovers them from your pocket by raising your monthly premium. Its your choice.

Example: You own a new Honda CRV (bought for $24k).

  1. Worst case – Total Loss: Maximum total loss i.e. 24K – You are ‘At Fault‘ . With liability insurance, the other party’s claim will be paid by insurance company and you will need to pay for buying your OWN new car to replace your total loss car.
  2. Average case – Repairable Dents: Third party car damage will be covered by Liability again. You will be required to pay for your own car’s fixes. You can choose to shop around and even get it done by local garage as their rates are much lower than car manufacturer’s own service centers. You won’t believe but 90% of the car dealerships also just outsource the collision work to those local garage themselves!
  3. Best case – Glass Damage: In most cases, you might have opted for higher deductible for glass damage in the rage of $500 per instance. If you shop around, the total cost of after market glass replacements only cost around $500-600 anyway including labor!

DUI – Drinking Under Influence ticket can affect H1B visa

Please be aware that DUI ticket (normally called challan in India) given for driving under influence of drugs of alcohol beyond approved limits (varies by state law) is considered a very serious offence.

If you are caught under DUI, your H1B or L1 visa can be denied on your next extension by immigration officer or at US embassy interview.

So, please be careful and do NOT drive after drinking alcohol. Also, your chances of Green card approval also reduce drastically with DUI ticket.

You may well disagree and you are most welcome to share your views and I will be happy to correct myself.

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USA Change of Status application – Approved Start date https://www.am22tech.com/usa-change-of-status/ https://www.am22tech.com/usa-change-of-status/#respond Sun, 09 Sep 2018 00:41:38 +0000 https://www.am22tech.com/?p=168294 Change of Status in USA for work or dependent visa does not start until USCIS approves it. You're Out of status if i94 expired & USCIS COS decision pending.

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Change of Status (COS) Application Meaning

If you want to change the purpose of your stay in USA from the one you gave at the port of entry to immigration officer, you have to file a ‘Change of status’ application with USCIS.

Your status is mentioned and governed by your i94.

Example: If you entered USA on H1B visa, your status = H1B Your dependent spouse and kids would have the status as H4. Check their i94 and you should be able to verify.

Is Change of Status applicable from USCIS receipt date?

No. Your i94 status does not change until USCIS approves your COS application.

Until you receive approval (i797 and new i94) from USCIS, do not assume the status has been approved and do not change your activity while your are in USA.

Example. If you are filing to change your status from current H1B to H4 (Dependent), you can work using your H1B until the H4 COS application has been actually approved by USCIS.

Apply as soon as you need to change to a different visa category and before your i94 expires. Recommended = 45 days before i94 expiry.

How to Apply for change of status to WORK visa – H1B etc

Your employer should file a Form I-129, Petition for a Nonimmigrant Worker, before your Form I-94 expires.

Premium processing (result in 15 calendar days including RFE) is available unless it has been specifically suspended. In 2018, H1B premium processing was suspended for all H1B transfer, extension and amendment applications temporarily.

Allowed Visa types: E-1, E-2, E-3, H-1B, H-2A, H-2B, or H-3, L-1A or L-1B, O-1 or O-2, P-1, P-2, or P-3, Q-1, R-1, TN-1 or TN-2

Dependent’s change of status If your dependents (spouse and child < 21) also want to change status to remain as your dependents based on your new work status application (like H4 dependent for H1B), they need to file Form I-539.

It is recommended to file the I-129 and I-539 forms together so that they can be worked-on at the same time. Remember, though, that they are separate applications and need separate supporting documents.

How to Apply for change of status to NON – EMPLOYMENT visa – H4 etc

You should file Form I-539.

Allowed visa types: A, B-1 & B-2, E-1 & E-2, E-3, F, G, H-4, L-2, M, N, NATO, O-3, P-4, R-2, TD

Check current H4 and L2 Change of Status processing time.

Filed COS before i94 expiry, Now I-94 expired, USCIS decision pending?

Your status ends and you are out of status once your I-94 expires, even if you have applied to change your status BEFORE i94 expiry.

Even though you are not actually in a lawful status, you do not accrue “unlawful presence” while your change of status application is pending if it was filed prior to I-94 expiry.

Example, If you are currently on H1B visa and filed #h1b-extension AND H4 Change of status application before i94 expiry, you can still stay and work in US upto 240 days, as per USCIS rule.

  1. If your H4 COS is approved before H1B extension, your status will change to H4.
  2. If your H1B extension is approved before H4 COS, your status will remain H1B until your H4 COS is approved.

USCIS Change of Status Approved

Once approved, the change of status will relate back to the date your I-94 expired, and your status during the pendency of your application will then be considered to have been lawful.

If COS application is approved BEFORE i94 expiry, the new status validity will start from date of approval.

1. i797 with i94 start and end date after Approval

You will receive a new i797 notice of approval with a new i94 attached to it with approval start and end date.

2. Visa Stamping after COS approval

There is no need for visa stamping unless you plan to go out of USA. Once you are out, you will need a new visa stamp for your current visa category that you plan to use to re-enter.

3. Current Visa Stamp Validity after Change of status approval

Any non-immigrant visa in your passport granted in connection with your classification becomes void.

Once your visa is void, you must submit any new visa application at a U.S. consulate in your home country (not a third country, except in rare instances as determined by the U.S. Department of State).

USCIS Change of Status Denial

If USCIS denies your COS application, your status remains the same as the current one.

Example, If you are currently on H4 status and apply for change of status to H1B and it is denied by USCIS, your status will continue to be H4 dependent.

This could have serious implications with USCIS’s NTA forceful deportation policy even if you have an application for change of status pending.

Change of Status from B1 (Business) to B2 (Tourist)

You do not need to apply to apply for change of status if you entered USA for business reasons (B-1 visa category) and you wish to remain in the United States for pleasure before your authorized stay expires. B1 and B2 are part of same visa and you can use it for either purpose.

Change of status for attending School in USA

You do NOT need to apply for COS in this case if you are spouse or child of any of these primary visa holder:

Class Visa type
A Diplomatic and other government officials, and employees
E International trade and investors
G Representatives to international organizations and their employees
H Temporary workers
I Representatives of foreign media
J Exchange visitors
L Intra company transferees
F, M Academic (F visa) or vocational (M visa) students (you may attend elementary, middle or high school only: if you want to attend post-secondary school full-time you must apply for a change of status).

Change of status exceptions

If you entered US with any of these visa category, you cannot apply for COS while you are in USA.

Class Visa type
C Alien in Transit
D Crewman)
K-1 or K-2 (Fiancé(e) or Dependent of Fiancé(e))
K-3 or K-4 Certain Husbands and Wives of U.S. Citizens & their Dependent Children
S Witness or Informant
TWOV Transit without Visa
WT or WB Under the Visa Waiver Program

Source: USCIS

If you are in any of the above categories, you must leave USA on or before the date your I-94 expires and re-enter with desired new visa category. Change of status in USA Change of status in USA

Source: DHS

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