Guestbook Entry for Sam, United States
Name
Sam
Country
United States
State
IL
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Guestbook Entry for Vilasini Ganesan, United States
Name
Vilasini Ganesan
Country
United States
State
NJ
Comment
I would like to thank Mr. Khanna and his team members esp. Suman, Leila and Diane Lombardo for the great services they have provided to my family. We started our GC process two years ago and got approved in Sep '01 and received card in Dec '01. Applied under EB2 RIR.
Guestbook Entry for Liping He, United States
Name
Liping He
Country
United States
State
NY
Comment
I would like to thank Mr. Khanna and his team members for the great services they have provided to my family. My wife and I started our GC application three years ago and got approved last month. It's EB2 RIR.
Guestbook Entry for Prateek Rishi, United States
Name
Prateek Rishi
Country
United States
State
NY
Comment
All Readers, I quote from my latest msg. to Mr. Rajiv Khanna's office. Please make yourself more aware on your issues by visiting his web-site (and positively contributing to it) and get advice from his office for your particular needs. All cases are NOT the same. Quote Dear Mr Khanna I barely get time to go to your web-site, though I know it is an ocean of information for all those awaiting their immigration process at some stage or the other. Today I happened to spend an hour there and learnt that your Office had done me good!! I live in an area which lacks Indian neighbors and in my Office too, I am the only Indian working in my whole division! Therefore, there is seldom any interaction with people who are at a similar stage as me in the Immigration process. When my I-140 was filed, your Legal Assistant Nimia Aranibar informed me of the CP option. Though I might have surprised her with my lack of knowledge on this process, she explained the process to me and answered my doubts. And she did as I opted for. No suggestions or implications or other discussion. She was very professional in giving me the information and in answering my questions on the issue. She even understood my concerns with the CP process and offered to clarify my doubts and suggested the recourse to this choice if I needed a recourse at a later date. After reading the chat-site on your web-site, I now realise that the lady was giving me good information at the right time. There are so many people on the web who feel have been un-informed of this process. I, on the contrary, have got the right information from your office and am very happy about this. Thank you and best regards Prateek Rishi Nimia, reading in copy, thank you very much for the time taken to explain me the two processes.
USCIS Expands Credit Card Payment Pilot Program to All Service Centers
Release Date
As part of the credit card payment pilot program, the USCIS service centers are now accepting credit card payments using Form G-1450, Authorization for Credit Card Transactions, for all forms except Form I-129, Petition for a Nonimmigrant Worker, for H-1B and H-2A petitions.
USCIS Lockbox Filing Location Updates
USCIS recently updated the lockbox filing location information for the following USCIS form(s). Please see the “Where to File” section of the webpage for your form.
March 03, 2022 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)
Immigration.com
Nonimmigrant Visas
Discussion Topics, Thursday, March 03, 2022:
FAQ: Abandonment; can I leave the USA while a change of status is pending?/Stamping requirements || Relation between F-1 status and I-485 AOS (child covered under Child Status Protection Act (CSPA)) || Relation between F-1 OPT and H-1B lottery change of status and changing employers || Is doing an unpaid U.S. externship/observership with F-2 visa unauthorized employment? || Can parents of U.S. citizens travel to the U.S. on an existing B-2 visa while their GC is pending?
Frequently asked questions answered in The Economic Times NRI Helpdesk by Rajiv - Can I start my own business if I'm an H-1B visa holder?
FAQ's answered in The Economic Times NRI Helpdesk: Can I start my own business if I'm an H-1B visa holder?
Published by: The Economic Times: March 05, 2022
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.
PERM Processing Times (as of 2/28/2022)
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | September 2021 |
| Audit Review | June 2021 |
| Reconsideration Request to the CO | September 2021 |
Green Card
Immigration Law
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:
USCIS Guidance on Expedited EADs for Healthcare and Childcare Workers
If you are a healthcare worker or a childcare worker who has a pending Form I-765, Application for Employment Authorization renewal application and your Employment Authorization Document (EAD) expires in 30 days or less or has already expired, you can request expedited processing of your EAD renewal application. USCIS had previously announced this flexibility for qualifying healthcare workers assisting public health efforts in response to the COVID-19 pandemic. USCIS is now extending this flexibility to qualifying childcare workers.
USCIS Updates Guidance on Employment Authorization for E and L Nonimmigrant Spouses
Release Date
U.S. Citizenship and Immigration Services is updating guidance in the USCIS Policy Manual to address the documentation that certain E and L nonimmigrant spouses may use as evidence of employment authorization based on their nonimmigrant status.
Relation between F-1 status and I-485 AOS (child covered under Child Status Protection Act (CSPA))
Question details
In October'20 I filed for the EB3 downgrade based on the Date of Filing, my wife and son were included in the petition. In December'20 my son filed for the F1 - I539 adjustment of status petition. In April'21 my wife, son, and I received the GC EAD Cards. In Aug '21 the EB3 Final Action Date became current for me, and my son became 21 and should be covered under CSPA. In Feb'22 USCIS approved his I-539 F1 COS petition. My son is a Senior in college doing his major in Industrial Engineering in the final semester. He is on the lookout for possible internship/employment opportunities. Does the F1 approval mean he is no longer under GC EAD? What's your recommendation on whether he should choose to be on F1 or seek employment on GC EAD?
FAQ Transcript
My recommendation would be to just use the green card EAD. You cannot do interfiling because then your son would lose his CSPA protection.
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.
Abandonment; can I leave the USA while a change of status is pending?/Stamping requirements
Question details
Background: I am currently on L-2 VISA and is going to expire in May. My company is going to file my Canada visa in a month. My spouse's (currently on L1A) employer is going to file her GC soon and she wants to stay with our kids until a decision is made (stay as a visitor or on the basis of GC filing). We decided that I will go to Canada and if the GC processing won't happen or the outcome is negative, she will join me in Canada at a later time.
Now:
I want to apply for the change of status from L-2 visa to visitor visa while I am still in the US, and leave for India while my Canadian visa is in process and travel to Canada directly from India. (I am going to see my parents as it's been years and can't travel to India if I join my company back in Canada anytime soon).
Questions:
1) Is it okay to leave the US while my change of status from L-2 to Visitor visa is in the process?
2) If yes, will USCIS continue to process and intimate me once they approve?
FAQ Transcript
In this case it should be fine, but remember to go through the Section 222 (g;) of the Immigration and Nationality Act. Another thing you need to remember is in order for you to get a B-2 visa stamp or a B-1 visa stamp at the consulate you do not need any kind of approval from the USCIS.
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.
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
Can parents of U.S. citizens travel to the U.S. on an existing B-2 visa while their GC is pending?
Question details
I got my USA citizenship this Jan, and I want to start the green card process for my parents. They are currently with me in the USA on a visitor visa, however, they would like to go back to India in March after the 6 months of allowed stay in the USA.
So I want to know when I start the green card process for my parents when they are in India, can they still travel to the USA on their existing B-2 visitor visa (valid till 2026), or should they be in India until the consular processing for their green card is complete?
FAQ Transcript
The Customs and Border Protection (CBP) people do not hassle the parents or spouses of the U.S citizens too much as long as they are not entering to adjust to green card status within the United States. But if a CBP officer is either ill-informed or particularly unnecessarily harsh they could stop you and ask you to go back (which is unlikely).
A practical solution I would recommend to people is to do an immigration pre-clearance in Abu Dhabi (if you are traveling from India) that way if they are denied entry they just return from Abu Dhabi they don't have to come all the way to the United States.
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.
Is doing an unpaid U.S. externship/observership with F-2 visa unauthorized employment?
Question details
I have completed USMLE Step 1 and Step 2 examinations and I am looking forward to applying for residency in the USA. Now I have got an externship opportunity. This rotation, according to the institute, is a voluntary experience that does not account for any medical education, graduate medical education, continuing medical education, or any training leading to licensure or board certification. During this given opportunity, I may receive a letter of recognition or a certificate of completion to fulfill an observational or shadowing requirement as needed. This rotation will allow externs to partake in taking patient history, physical, and procedures under direct supervision. There will be no direct patient care responsibilities as well as actual clinical practice.
I need to get US clinical experience and recommendations to apply for the residency.
My husband emailed the Office of International Services of his university and in the reply email, they mentioned the following points-
In the past, the federal government has defined employment as “any type of work performed for services provided in exchange for money, tuition, fees, books, supplies, room, food or any other benefit.” Many immigration lawyers and other international services offices have pointed to the “any other benefit” phrase as a prohibitive phrase. If a student were to receive the benefit of gaining experience in their field of study, the government could interpret this as “unauthorized employment”. This would be a serious violation of their immigration status.
Also according to the DSO of the University of Pittsburgh, a researcher/ lab technician even if does an unpaid job would not be considered a volunteer job.
Now my query is can I apply to the externships/ observership being on an F-2 visa and as this externship will benefit me getting recommendation and experience, would this be considered a violation of the law?
FAQ Transcript
I do not consider this to be a violation of law. There are other issues in volunteering, but that's the employer's problem, not yours.
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.
Visa Bulletin For April 2022
Number 64
Volume X
Washington, D.C
A. STATUTORY NUMBERS
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.
Agency
Green Card
Immigration Law
FY 2023 H-1B Cap Season Updates
Release Date
H-1B Initial Electronic Registration Selection Process Completed
March 17, 2022, Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)
Immigration.com
Green Card
FAQs: - From F-1 OPT directly applying for a green card - STEM OPT employment parameters, volunteering, part ownership, etc. - Can two employers file H-1B for the same employee using an existing I-140?
H-1B to EB-2 process
Question details
I would like to know If I have an advanced Degree (Masters Engineering Management) and my employer filed my H-1B and if the lottery is picked can I initiate the Green Card Process? I also heard that there is a Minimum salary Cap for EB-2 Advanced degree.
The employer can start the green card process at any time, even before you join. To see the salary figures by county and profession, you can review this link - https://www.flcdatacenter.com/
FAQ Transcript
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com
Travel to the U.S on H-4 visa for a non-minor
Question details
My H-1B Visa is valid till Sep 2023. My son who is currently in India had also stamped his H-4 visa. However, he is now over 21 years of age. Can he travel to US to visit us on the same visa or he has to apply for a B-2.
I do not see how an aged-out child can travel on a derivative visa.
FAQ Transcript
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com
Hi everybody.. Thanks to excellent work by Rajiv and his colleagues, we received our GC in about 10 months - filed 485 in Jan01, approved in Nov01 EB2 RIR. There is no doubt Rajiv & team are the best- one can feel assured about the entire process - we got step by step explanation of the entire process, the documents that will be required, sample of all affidavits that may be required. We just provide personal and work info, Rajiv's office completes all paperwork and send them for your signature - very quickly by Fedex. Diane is very thorough and a pleasure to work with. We had no RFE's but had to file I140 amendment for company merger. Everything went on smoothly, thanks to Rajiv's staff and their solid preparation. Entire GC process started in Sep 99 to approval in Nov 01. Great job Rajiv. Once labor was approved, we had info as to what we can expect in the I140 and I485 process. All we had to do was fill in our part and leave the rest to RSK's office. Rajiv is so easy to reach as is the person working on the case. Prompt response to your queries and no-nonsense communication are other highlights one can find when working with Rajiv. In closing we have no hesitation in recommending Rajiv Khanna to look after your immigration needs. Just look at how many folks felt happy working with Rajiv. Thanks to his famous website immigration.com and the various links (the forums section is my favourite) he has surely helped so many of us to successfully complete the long journey to residency. God Bless.