Discussion Topics: FAQ: L-1B or TN visa for intracompany transfer - advantages and disadvantages || STEM-designated MBA - is it easier to get an H-1B visa?|| Parent's EB-2 approved, EB-3 downgrade pending, - will aging-out child's EAD interfere if EB-2 advances, and the best way to maintain the status of a child turning 21|| Do we have to refile PERM or I-140 0r I-485 due to corporate restructuring/successor-in-interest
Published by: The Economic Times: December 29, 2021
Quotes and Excerpts from Rajiv in the article:
“Chronic and unconscionable delays have become an integral part of the USCIS and other immigration processes…,” said Rajiv S Khanna, managing attorney at Immigration.com. “While we can understand some delays that have been built into the process by statute, such as country-based immigration, processing delays of a year or more in benefits that should require only minutes to adjudicate are uncivilized.”
For latest updates, watch this video with Rajiv from Dec 28, 2021.
Release Date
The Department of Homeland Security has published a final rule that withdraws the Modification of Registration Requirement for Petitioners Seeking to File Cap-Subject H-1B Petitions final rule, also known as the H-1B Selection Final Rule, issued Jan. 8, 2021. That rule was vacated by the U.S. District Court for the Northern District of California.
My son got his H-1B approved on consular processing this year which also happens to be the first year on OPT. His F-1 Visa expired in June and he is unable to travel to India for lack of slots for H-1B stamping I wish to know the following:
1. No.
2. Yes, because remember he has deferred his H-1B change of status by requesting consular processing
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.
I am in the initial OPT which expires on November 30, 2021. My STEM extension has been denied based on an approved H-1B which has been pending for withdrawal at the Texas Service Center for the last five months. My current employer’s attorney raised the Ombudsman request on Oct 25, 2021 and I’ve taken a U.S. state senator's help to submit an inquiry on October 19, 2021. I have received no response so far from USCIS orthe online forums. It seems it will take 30 days to get a response at least from the Ombudsman and the case inquiry but I’m running out of time. My previous employer's attorney is not willing to join a call with a Tier -2 officer and they're not helpful at all. My current employer is re-applying for my STEM OPT extension on November 24, 2021 with all the evidence possible but it's already past 60 days. I can't get a new I-20 because my SEVIS record is closed and they're not sure I'll get a favorable discretionary decision because my H-1B is still approved.
I am hoping the USCIS officer would show some discretion but from past experience I am afraid they will not. I am not really sure what to do here. I might end with a financial loss. Please guide me with your suggestions.
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.
This question is related to getting an FNU (First Name Unknown) removed from a green card and updated with the correct first name. In my wife's passport, the last name is empty and the first and last name is combined as Given Name. So in the green card, FNU is given as her first Name and full Name as last name. We are planning to update the Indian passport with a split name correction.
I understand that we need to file an I-90 for a name change. Since this is a split name correction, do we need to get the county court certification for name update, or is just presenting the updated passport with name correction (with first and last name mentioned) enough? Is any other documentation required?
While the name correction is being processed with USCIS will there be any issues traveling outside the country?
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.
1. I applied for I-485 and it is pending. I received my GC-EAD in Aug. 2021 and started using it for my work. I am currently working for two employers on W-2s using the GC-EAD (GC employer and a new employer). Will USCIS question why I am working with 2 employers on W-2s? Will it impact the pending I-485?
2.Instead of two W-2s can I convert the second W-2 to a 1099 ?
3.During the GC interview or in the RFE Letter, if they ask to provide a W-2 , can I produce only the primary employer W-2?
4.If the interviewer asks how come you have two W-2s how to answer the question in a more convincing way ?
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.
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Immigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney