Latest News

Success in responding to an I-129F RFE

We assisted our client in filing an I-129F petition to bring his fiancee to the U.S. in anticipation of their upcoming marriage in the U.S. On Form I-129F the petitioner answered “yes” to the question: “Have you ever been arrested, cited, charged, indicted, convicted, fined, or imprisoned for breaking or violating any law or ordinance in any country, excluding traffic violations (unless a traffic violation was alcohol-or drug-related or involved a fine of $500 or more)?”. We included reference to that issue in the filing.

Status
The petition was subsequently approved.

Nonimmigrant Visas

Immigration Law

USCIS Urges Eligible Individuals to Consider Applying for Adjustment of Status in the EB-2 Category Based on the April Visa Bulletin Date for Filing for India

Release Date 

In the recently published April Visa Bulletin, the Department of State advanced the Date for Filing (also known as the application date) applications for an immigrant visa or adjustment of status in the employment-based, second preference (EB-2) category for India from Sept. 1, 2013, to Sept. 1, 2014.

Visa Bulletin For April 2022

This bulletin summarizes the availability of immigrant numbers during April for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.

For more details please visit this link:

Rajiv's Article - Is it legal for an H1B employee to be the beneficiary of multiple lottery registrations?

Published by: The Economic Times - Date: February 28, 2022

Synopsis
This question has created much confusion amongst the employers and the employees Because of a new declaration introduced by the USCIS. Every employer who signs up an H-1B employee for the lottery registration must now declare “under penalty of perjury:”

For more on this article please see the attachment below.

Frequently asked questions answered in The Economic Times NRI Helpdesk by Rajiv - How long can I stay outside the US without losing my Green Card?

FAQ's answered in The Economic Times NRI Helpdesk: How long can I stay outside the US without losing my Green Card?

Published by: The Economic Times: February 27, 2022

Question: I am a US green card holder. I traveled from the US in September 2021 and am currently in India. I need to stay here longer due to personal reasons. How long can I stay outside the US without my GC being affected? Alternatively, would it suffice if I pay a week’s visit to the US before March 2022?

Rajiv's Comments in the News - US to process more green cards this year under employment based categories - CNBC TV18

Published by: CNBC TV18: February 23, 2022

Quotes and Excerpts from Rajiv in the article:

“The USCIS wants to approve as many green cards as they can as there has been a huge spillover from the family quota. This has not happened in the past in such large numbers,” Economic times quoted Rajiv S Khanna, Managing Attorney of Immigration.com.

For more on this news please see the attachment.

USCIS Urges Eligible Applicants to Switch Employment-Based Categories

Release Date 

U.S. Citizenship and Immigration Services encourages eligible applicants to consider requesting to transfer the underlying basis of their adjustment of status application to the first (priority workers) or second (noncitizens in professions with advanced degrees or with exceptional ability) employment-based preference categories, because there is an exceptionally high number of employment-based immigrant visas available in these categories during this fiscal year (October 2021 through September 2022).

PERM Processing Times (as of 1/31/2022)

The dates reflect the month and year in which applications were filed (request date) or submission date of the appeal request for Redeterminations or Center Director Review. The Office of Foreign Labor Certification (OFLC) encourages employers to request a prevailing wage determination for the H-2B program at least 60 days before the date the determination is needed. For various reasons, OFLC may be completing the processing of applications filed prior to the month posted.