USCIS Issues Policy Providing Further Protections for Victims of Crime
The policy update will help provide stability to U Visa Petitioners supporting law enforcement efforts to investigate and prosecute crimes
Situation for F-1 and J-1 students to travel or travel back to the United States
Question details
What is the situation for F-1 and J-1 students to travel or travel back to the United States?
F-1 students who already have their visa stamped on the passport can travel back in July. Those who do not have a visa stamping will have to wait for either the consulates in India to open (currently processing only emergency visas, which could include imminent academic session), or try obtaining a student visa in a country other than India. J-1 students will need to apply for National Interest Exemption, which should be given, but only when the consulates open for business.
FAQ Transcript
Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
Qualifying for an “Einstein” Green Card
Question details
According to the criteria you have listed on in the article, I can satisfy 7 of the 10 points. So how could I apply? Where to start and where to go?
You should certainly get your resume evaluated. Note that merely qualifying for the 3 out of 10 categories does not automatically qualify you. That is just the preliminary step. There is also an overall review of your qualifications to ensure that you indeed are one of the top few members of your profession.
Note: For the NRI readers, The Economic Times has started an immigration helpdesk. A team of experts which includes Rajiv S. Khanna will address the most pressing issues. Please see the link below.
FAQ Transcript
Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
H-1B Extension beyond 6 Years; Stay Outside One year; Remainder Option
Question details
I stayed in US on H1b from 2013-18, almost 5 years and went back to India. In 2020(after 1 year of cooling period), my employer has filed new application for H1B and lottery got selected in 2020.
I got my visa stamped in April 2021 with a validity till 2023.Because of new location & salary mismatch, I had to file the amendment and this time I got the approval for next 9 months only till March 2022.
On further enquiry with my employer's immigration team, I came to know that USCIS has used the remaining 9 months on the first H1B. My queries are:
1. Does it mean I will be allowed around 7 consecutive years of stay in US( 9 months on older visa plus 6 years on new visa) or I need to come back to India and serve 1 year of cooling period after spending 9 months ?
2. Will my new visa be applicable once I spend 9 months of time in US?
3. Is there a way I can opt to take approval duration on the current visa only?
FAQ Transcript
The USCIS had made a mistake and they should give you the entire six years. So your H-1 should be approved for three years and not for nine months. Your lawyer should reach out to them and say you are entitled to the three years.
Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
Applying for Mother's Green Card and Birth Certificate Issues
Question details
I am planning to file green card (I130/I1485) for my mother. She was born in 1949 in India and does not have her birth certificate. Only identity with date of birth she has is her passport and Aadhar card. She has visited US couple of times.
- I want to know is it required for her to submit birth certificate or a non-availability of birth certificate for I485?
- What are the options if these documents are not available?
- Does USCIS accept birth certificate from the Indian consulate in NY?
FAQ Transcript
Go ahead and get a certificate of non-availability if possible, get a birth certificate from New York, get two affidavits from people who were alive when she was born and submit all of that together.
Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
Community Conference Call, June 10, 2021. Presented by: Rajiv S. Khanna (Every Other Thursday)
Nonimmigrant Visas
Discussion Topics, Thursday, June 10, 2021:
Rajiv's Comments in the News - First bi-annual agenda of Biden admin scraps proposed move of fixed visa tenure for international students
Published by: The Times of India - Date: June 12, 2021
Quotes and Excerpts from Rajiv in the article:
Rajiv S Khanna, Arlington based Immigration Attorney had then explained to TOI that this would cause problems for international students. A four-year cap is definitely shorter than a PhD or even a bachelor’s degree course because students can opt for an extra semester.
For more details please see the attachment below.
USCIS Announces Lockbox Filing Flexibilities
Release Date
U.S. Citizenship and Immigration Services will offer filing flexibilities to provide relief to certain applicants and petitioners impacted by delays at a USCIS lockbox. These flexibilities only apply to benefit requests submitted to a USCIS lockbox and not to USCIS service centers or field offices.
The following temporary flexibilities are effective for 60 days from June 10 until Aug. 9, 2021:
Rajiv's Comments in the News - Visa or extension applications will not be denied outright, under new USCIS policy
Published by: The Times of India - Date: June 10, 2021
Quotes and Excerpts from Rajiv in the article: