Published by: The Times Of India: August 22, 2022
Quotes and Excerpts from Rajiv in the article:
According to Rajiv S Khanna, Managing Attorney at Immigration.com, “There may not be a second H-1B lottery this year. The USCIS has electronically issued several ‘non-selection’ notices, which is a step taken only when there will be no more lotteries.”
For more on this news please see the attachment.
Discussion Topics, Aug 18, 2022
FAQs: Change of employers after H-1B is approved and before October 1; the number of pay stubs required; revocation of H-1B before October 1 || I-140 was approved and then revoked in 2011. Can I keep my priority date and also apply for I-485? What is the deadline for filing I-485? || Impact of alternate wage survey for H-1B LCA; the success rates of H-1B extensions; AC21 rule when the company is bought by a successor-in-interest
My Wife and Kid have an appointment to get stamped on H4 as i have a valid H1 till Jan2023 and I am in USA. Now I just received a notification that my EAD card is approved for my GC. Will this impact in any way for my Wife and Kid's H4 Stamping?
Your H-1B remains valid as long as you do not use the EAD. Mere approval of an EAD has no impact.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Number 69
Volume X
Washington, D.C
A. STATUTORY NUMBERS
This bulletin summarizes the availability of immigrant numbers during September 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.
If I request a name change on form N400, will it take longer to adjudicate the case? Is the name change processed by the adjudicating officer or by a judge?
It can take longer. The USCIS notes:
You can legally change your name after filing your application for naturalization with USCIS. If your name has changed after you filed a naturalization application, you must promptly provide USCIS with the document(s) that legally changed your name(s), such as a marriage certificate, divorce decree, court order, or other official record. Make sure to mention your name change and bring the documents related to your name change at the time of the interview.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Discussion Topics
FAQs: Changing profession after receiving Employment Based Green Card || Eligibility for the EB-1A extraordinary ability category || The H-1B remainder option: Calculating recapture of H-1B unused time ||
I work on H1B. My I 485 and wife's I-485 was filed in April 2022;
My priority date is Apr 2014; Have lived and worked in USA since 2004=Student visa and H-1Bvisa;
Wife was born in Nepal. She has the receipt number of my I-485 and her I-485;
I believe due to India Priority date current, I am eligible for filing and getting my GC without using cross-chargeability. Is there any implication that I should be aware of?
We are divorcing due to a mismatch in expectations. Got married in 2018; She came to the USA in early 2022 – after 4 years of disagreements and delays to live in the marriage with me.
She may file cases against me in India – such as 498A and claim that I used her Nepal birth for my GC. This was a genuine arranged marriage that was started through communication between our families.
Can she harm my I-485 case by directly communicating to USCIS about her claims. What possible risks I should plan for.
The way USCIS interprets legal separation or divorce as being the same status conceptually. While there is no direct law on your situation, since you do not need cross-chargeability, you should not have a problem. Regarding dowry complaints and charges like 498A, we have prevailed in several cases in both green card processes and naturalizations. As long as you can show that the charges are more likely than not untrue, you may be able to overcome the problem of criminal proceedings pending in India.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
1) Is it possible for current PhD students to apply for EB-2 NIW?
I have been through websites where they have said It's Possible, but then why is it not possible for current MS students?
2) Is it possible to work and study in F-1 OPT after completing the degree?
Sure, you can apply for any of these green cards while you are still a student.
Please go through my article in The Economic Times:
NIW laws require only that you possess an advanced degree. A Master’s degree is an advanced degree.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
1. My previous employer applied for my GC and it just got approved on 07/15/2022.
(a): I have EB3 and EB2 I-140 approved from the same employer.
(b): Filed 485 based on EB3 priority date and received EAD and AP.
(c): No interfiling done to move from EB3 to EB2 and GC got approved.
2. I joined a new employer 5 months ago using H1B with mutual understanding with my previous employer. In case needed, I would join them back. No I-485J transfer has been done so far.
Q: Can I continue to work with my new employer using my GC instead of H-1B?
You can, but you should join the sponsoring employer within a commercially reasonable time.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Q1. After the H-1B COS is approved, how long will I need to work with my current employer before I can file H-1B transfer?
Q2. Do I need permission from my current employer for H-1B transfer?
1. There is no law that requires you to wait a certain number of days before you can apply for a transfer.
2. You can change employers without the first employer's permission. There is absolutely no issue.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.