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July 2021


Dear Friends and Colleagues:

Did you know that the universe conspires for our greatest good to get us to where we want to be? There is a certain flow that happens when we trust in the process and surrender to the certainty. I recently had an experience working towards something I really wanted and everyone involved in the process went out of their way to make it happen faster for me. It seemed to flow so easily and that is how I knew that I was on the right path and exactly where I needed to be. I have had other experiences where I felt resistance, pushback and obstacles in my way. These were signals that maybe I needed to make a turn or change course to get back on the right path.

At Garvish Immigration Law Group, we strive to make the immigration process flow easily and we are prepared to ride out those twists and turns that inevitably happen on such an important journey. We will conspire with the universe to get you to where you want to be. Trust us as your guide! It's happening! Just enjoy the ride!

With love,

Elizabeth xo

Applicants for Change of Status to F-1 Student No Longer Need to Submit Subsequent Applications to Extend B-2 Status while "Bridging the Gap"

USCIS eliminated the need to extend a nonimmigrant status while an individual has applied for a change of status (COS) to F-1 student and their initial F-1 COS application is pending.

Under the previous policy, applicants needed to maintain status up to 30 days before the study program start date which required them to file extensions, or an initial COS and subsequent extensions ensuring that these applicants would not have a “gap” in their immigration status.

To prevent further “gaps” in status, USCIS will grant the change of status to F-1 effective the day it approves an applicant’s application to extend or change nonimmigrant status. Under this new policy, students must ensure they do not violate their F-1 status during that time; such as engaging in employment.

The new policy will reduce workloads and costs for both the applicants and USCIS.

Click the following link for more information:

Changing to a Nonimmigrant F or M Student Status

USCIS Conducted Second Lottery for H-1B Visas for Fiscal Year 2022

USCIS recently determined that it needed to select additional registrations to reach the FY 2022 H-1B visa numerical allocations. This week USCIS began notifying employers and attorneys the results of a second selection lottery for the FY 2022 H-1B cap. Employers whose H-1B registrations were selected in the second drawing will have from August 2, 2021, to November 3, 2021 to submit their petitions.

The second lottery was conducted because the FY 2022 H-1B quota of 85,000 has not been reached. In the initial FY 2022 lottery, USCIS drew just 87,500 of 308,613 registrations to meet the 85,000 quota, or 28% of the total number of registrations. This was far lower than in 2020, when 124,415 registrations – or 45% – were selected from 274,237 FY 2021 H-1B cap registrations received. It is not known how many additional registrations are being selected in the second drawing. 

Please note that an H-1B cap-subject petition must be properly filed at the correct service center and within the filing period indicated on the relevant registration selection notice.

Click the following link for more information:

USCIS Conducts Second Random Selection from Previously Submitted FY 2022 H-1B Cap Registrations

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Rescheduling Biometric Services Appointments

USCIS no longer accepts written requests to reschedule biometric services appointments at application support centers. The new procedure requires individuals to call the USCIS Contact Center to reschedule a biometric services appointment. This change reduces paperwork and helps to track requests more efficiently. 

How to Reschedule a Biometric Services Appointment

An individual must call the USCIS Contact Center at 800-375-5283 (TTY 800-767-1833) before the date and time of the original appointment and establish good cause for rescheduling. USCIS may not reschedule the appointment if the same is not rescheduled before the date If you fail to call before your scheduled appointment or fail to establish good cause, USCIS may not reschedule the appointment. If you fail to appear for your originally scheduled biometric services appointment and the appointment is not rescheduled, USCIS will consider the related application, petition, or request abandoned and, as a result, it may deny it.

If you need assistance to reschedule your biometrics appointment, contact us!

For more information, please visit the following website:

Preparing for Your Biometric Services Appointment

Immigration Help Available to Those Affected by Natural Disasters and Other Unforeseen Circumstances

USCIS is reminding the public that it offers immigration services helping people affected by unforeseen circumstances such as natural disasters. Examples of unforeseen circumstances include, but are not limited to, the wildfires in the western United States and the recent building collapse in Surfside, Florida.

The following measures may be available on a case-by-case basis upon request:

  • Changing a nonimmigrant status or extending a nonimmigrant stay for an individual currently in the United States. Failure to apply for the extension or change before expiration of your authorized period of admission may be excused if the delay was due to extraordinary circumstances beyond your control;
  • Re-parole of individuals previously granted parole by USCIS;
  • Expedited processing of advance parole requests;
  • Expedited adjudication of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship;
  • Expedited adjudication of employment authorization applications, where appropriate;
  • Consideration of fee waiver requests due to an inability to pay;
  • Flexibility for those who received a Request for Evidence or a Notice of Intent to Deny but were unable to submit evidence or otherwise respond in a timely manner;
  • Flexibility if you were unable to appear for a scheduled interview with USCIS;
  • Expedited replacement of lost or damaged immigration or travel documents issued by USCIS, such as a Permanent Resident Card (Green Card), Employment Authorization Documents, and Arrival/Departure Record (Form I-94); and
  • Rescheduling a biometrics appointment.

Note: When making a request, you will have to explain how the impact of unforeseen circumstances, such as a natural disaster, created a need for the requested relief.

August 2021 Visa Bulletin

The August 2021 Visa Bulletin is out! EB-1, EB-2 and EB-3 for “rest of the world” (except China and India) remains current.

  • EB-1 India remains current
  • EB-2 India moves up to 01JUN11
  • EB-3 India also moves up to 01JUL13
  • EB-1 China remains current
  • EB-2 China moves ahead to 01APR18
  • EB-3 China moves ahead to 08JAN19

Click here to see August's visa bulletin

Garvish Immigration

Law Group


Click the titles to access the information

Employers May File H-2B Petitions for Returning Workers for FY 2021

USCIS Interagency Strategy for Promoting Naturalization

LeGALS - Drinks and Debate

Elizabeth Garvish, Amna Shirazi, Lorena Saedi and Alyssa Maloof Whatley

We are back with the LeGALS Drinks and Debate Facebook LIVE!

This edition we will be hosting Haley Kilpatrick! Haley Kilpatrick founded Girl Talk™ in 2002 in Albany, GA. Girl Talk™ serves more than 75,000 girls throughout North America and beyond inspiring all girls to develop the confidence to lead. Haley believes that if girls have the tools to lead a confident life, they will grow into women who support and encourage one another.

Haley’s dedication to helping young girls inspired her to write the bestselling book, The Drama Years, (Simon & Schuster), a guidebook for parents and educators to help girls navigate the often-difficult transition into adolescence.

She is currently leading research and working with thought leaders to help better understand how to address what she’s coined the, “Confidence Crisis” facing women and girls. Additionally, she serves as a contributor for NBC’s Today Show and CNN, has been featured on NBC Nightly News, HLN, and Forbes. Throughout her career, Haley received amazing awards: 2016 National Point of Light Tribute Award; Glamour Magazine’s “20 Young Women Changing the World Now;” and People Magazine’s “All-Star Among Us.”

Some of her recent volunteering efforts include, She is Without Limits; Hear Me Now; The Body Image Workbook for Teens; Bullying Workbook for Teens; Quiet Influence; and BULLY.

Haley lives in Atlanta, Georgia with her husband, Paul and their daughters, Grace (6) and Kate (3).

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