Guestbook Entry for Prateek Rishi, United States
Name
Prateek Rishi
Country
United States
State
NY
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Student Visa Overview
Student Visa Overview
The U.S. provides several nonimmigrant visa categories for persons wishing to study in the United States.
Profession/Occupation
EB-4 Religious Workers
Eligibility and Filing
To qualify as an EB-4 special immigrant religious worker, you must be a member of a religious denomination that has a non-profit religious organization in the United States. You must have been a member of this religious denomination for at minimum two years before applying for admission to the United States. Furthermore, you must be entering the United States to work:
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As a minister or priest of the religious denomination;
Green Card
C, D Visas Processing times and status checks
Links to useful resources for Visa processing times and status checks.
Nonimmigrant Visas
USCIS Forms Update Notice
USCIS recently updated the following forms:
Community Conference Call, April 29, 2021. Presented by: Rajiv S. Khanna (Every Other Thursday)
Immigration.com
Nonimmigrant Visas
Immigration Law
Green Card
Discussion Topics, Thursday, April 29, 2021:
Travel from India to USA Banned
6 May 2021
As of today, there are no updates from the government beyond what was on the US Consulate website
On 30 April 2021, President Biden placed a restriction on travel to the US.
B Visa Overview
The B visa category applies to citizens of foreign countries who wish to visit the United States for a temporary period. There are two types of B visas: B-1 (for business) and B-2 (for pleasure or medical treatment). A B-1 visa would be issued for an individual desiring to enter the U.S. to consult with business associates; attend a scientific, educational, professional or business convention or conference; settle an estate; or negotiate a contract. A B-2 visa would be issued for an individual wishing to enter the U.S.
Nonimmigrant Visas
Curricular Practical Training CPT
H-1B and CPT
Change of Status
The term Change of Status (COS) is the name given to the process through which a person can change from one temporary status (nonimmigrant) to another temporary status without having to leave the United States. Typical examples of this process are changing from a student visa status to H-1B. Usually, a successful COS is evidenced by the USCIS issuing you a new I-94.
Changing status from a temporary visa to a green card within the United States is also a change of status, but it is technically referred to as Adjustment of Status (AOS).
Visa Services Update
Visa Services Operating Status Update from DOS
Last Updated: April 6, 2021
EB-2 Advanced Degrees & Experience
EB-2 Professionals with Advanced Degrees or Persons with Exceptional Ability
The following persons fall under this category:
Green Card
EB-3 Bachelor's Degree, Skilled, Unskilled Workers
EB-3 Overview
EB-3 Classification is appropriate for:
Professionals with a baccalaureate degree (or foreign equivalent degree but not necessarily any experience);
Skilled Workers with at minimum two years of experience (there is no degree requirement); and
Unskilled Workers who have less than two years of training or experience.
Green Card
K Visa Overview
Introduction - K-1/K-2 Status
The K-1 Fiancé (e) Visa allows foreign nationals, potential spouses of United States Citizens to enter the United States for the sole purpose of marriage.
The marriage between the foreign national and United States citizen must take place within ninety (90) days of entry into the United States. It should be noted that the actual visa expiration is insignificant as long as a foreign national has complied with the terms of the visa.
In order to be eligible for K-1 status, a foreign national must provide proof that:
Nonimmigrant Visas
F-1 Students Seeking Optional Practical Training Can Now File Form I-765 Online
Release Date
WASHINGTON—U.S. Citizenship and Immigration Services today announced that F-1 students seeking optional practical training (OPT) can now file Form I-765, Application for Employment Authorization, online if they are filing under one of these categories:
After I get my green card, is it legal to work for two companies (and not the original company) simultaneously?
Question details
I got my GC on March of 2016 through my then employer. Soon after getting my GC my project ended (May 2016) abruptly because of the change at client location. I did not had any project at hand so I started looking for a new job and started to work with new employer in June of 2016. There was no official end date of my employment with my previous employer through which I got my GC because they were looking for a new project for me but without any certainty how long it could be before they can find me a new project. While they were looking for a project for me, I already started working for my new employer so I just moved on without any official end date with my previous employer.
In Feb of 2019, I started a second job with another employer. Currently, I'm working 2 jobs full time on GC.
I am now eligible to file for citizenship through 5 years of permanent residency requirement. I'm worried if there will be any issues while I file for my citizenship because I did not stay with the employer that file my GC long enough after receiving my GC. Also will there be any issues because I am currently working 2 full time jobs when I file for citizenship?
FAQ Transcript
I think it is fine, I personally don't see this as a problem and you will be able to file for citizenship. However, I would still want you to consult with a lawyer discuss your particular case understand the pros and cons.
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.
AC21 Job Portability
Question details
Previously I was on H1B when my I-140 was approved. Currently I am on H4 status, not employed and my priority date became current.
Previous employer has provided Supplement J and I have filed I-485, I-765, I-131 concurrently. The Supplement J indicates (#9 in Part 6) I am not currently employed with the sponsoring employer.
Q1) Upon receiving AOS EAD, can I directly join a new employer after 180 days of pending I-485 if sponsoring employer doesn't have any open position?
Q2) Can I start searching for new job before 180 days of pending I-485, but join after 180 days? Or, I must have to start searching and interviewing for new job, only after 180 days?
Q3) At the time of filing AOS, my Supplement J indicated that I am not currently employed with the sponsoring employer. If I join the sponsoring employer upon receiving EAD, then do I have to send USCIS new Supplement J indicating that I am now employed with the sponsoring employer, knowing that it might take a decade for my Final Action Date to become current and I may not be employed with the sponsoring employer at the time of GC interview?
Q4) What if I need to change my employer after GC interview, but before receiving GC?
Q5) I heard, after 180 days of pending I-485, even if I change my job couple of times, I can take the Supplement J only from the employer with whom I will be working at the time of GC interview. But can I still send new Supplement J to USCIS from each employers everytime I change my job? Is that legally allowed? or, is there any concern? Because, it might take a decade for my Final Action Date to become current and within that timeframe I might have to change job 2-3 times.
FAQ Transcript
1. In my opinion you can.
2. Absolutely.
3. I think you should file a Supplement J. It gives you added protection.
4. As of now there is nothing definite about changing jobs after the interview but before the green card approval. I would suspect if the job is same or similar keep some record of it otherwise you can do it. But have your lawyers follow up the procedures that exist when you actually do this.
5. Absolutely.
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.
Guestbook Entry for Sanhe Hu, United States
Name
Sanhe Hu
Country
United States
State
VA
Comment
Positive: Professionalism. The lawyer assigned to my case is Vijay. He is a very responsible man and detailed oriented. It took us long time to prepare document which are required or not required but very supportive document for the case. We got approved for every single step with one shot. And finally got my green card. Thank you Vijay and Rajivs.
Apri, 15, 2021 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)
Immigration.com
Nonimmigrant Visas
Green Card
FAQS: H-1B revoked after 1 October, never used. Am I quota exempt? Travel while I-485 AOS is pending: returning on H-1B visa, AP, AVR etc.
USCIS Forms Update Notice
USCIS recently updated the following USCIS form(s):
Visa Bulletin For May 2021
Number 53
Volume X
Washington, D.C
A. STATUTORY NUMBERS
This bulletin summarizes the availability of immigrant numbers during May 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
Medicals for I-485
As I had said in our last community conference call, our office inquired. A USCIS officer advised not to submit medicals without an RFE. He said wait for the RFE or bring them to the interview.
USCIS Issues Policy Guidance on Deference to Previous Decisions
Release Date
USCIS is issuing policy guidance in the USCIS Policy Manual instructing officers to give deference to prior determinations when adjudicating extension requests involving the same parties and facts unless there was a material error, material change, or new material facts.
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.