Tuesday, July 28, 2020

USCIS SHORTENS H-1B APPROVALS BASED ON PROFESSIONAL LICENSES


In recently issued H-1B approval notices the USCIS has approved the H-1B for less than the requested 3 years. The USCIS has explained the H-1B was issued for less than 3 years because the employee’s professional license expired before the end of the 3 year H-1B term.

The USCIS is mistakenly interpreting a clause of the code of federal regulations to state that an H-1B approval notice can be shortened to the validity period of an employee’s permanent professional license, when the law clearly states the H-1B can only be shortened to the term of a temporary license.

It is crucial that employees closely monitor the expiration date of their professional licenses, along with other documentation required for the H-1B filing, and timely renew all documents. This includes the professional license, passport, and Visa Screen (FCCPT certificate or CGFNS Visa Screen).

States vary in their procedures for renewing professional licenses and the validity term of the professional license. In addition, the length of time a passport is issued for varies by country. Visa Screens are valid for 5 years from the date of issuance and can take several months to renew. All foreign nationals should closely monitor the expiration dates of their documents.

5 comments:

  1. Is there something immigration lawyers do to correct this practice of the USCIS? State licenses validity is maximum two years only.

    ReplyDelete
  2. I have an approved I -140
    Currently in H1B

    My State Physical Therapy license expires in April 2021
    (The state board only extended my professional license until the date on my H1B approval notice)
    My H1 B expires in April 2021

    Does this mean that If I apply for a H1B extension, It will not be extended as my PT license expires in April as well.

    I will not be able to extend my state license until I have an H1B though.

    What should I be doing to continue to remain in status past April, 2021

    Thank you

    ReplyDelete
    Replies
    1. which state is it? Cant believe that they chose to extend your professional license only until the date of your approved H1B notice? will this now extend to credit cards, mortgages, bank accounts...? Gosh what a stupid country this has become

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    2. use ptcompact.org and move out of that state... move to a democrats run state which are more progressive, immigrant friendly and liberal

      Delete