Guestbook Entry for Prateek Rishi, United States
Name
Prateek Rishi
Country
United States
State
NY
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STEM OPT Employed with Startups - A Special Case
For international students on an F-1 visa in the United States, the STEM OPT extension program provides an opportunity to gain valuable work experience after graduation while extending their stay in the US for a chance of an H-1B lottery win.
Recording for January 4, 2024 Conference Call with Rajiv S. Khanna
Nonimmigrant Visas
Green Card
Discussion Topics, Thursday, January 04, 2024
FAQ: Holding two full-time IT jobs on H-4 EAD || Transitions From H-1B job loss to B-2 status and impact on future H-1B employment || NIW Criteria || H-1B laid off: grace period, last employment date, health insurance, and legal stay during change of employer
Rajiv's Article - Decoding US' rule allowing STEM students on OPT to work for startups
Published by: The Economic Times - Date: January 02, 2024
Link: https://economictimes.indiatimes.com/nri/work/decoding-us-new-rule-allo…
Synopsis
Visa Bulletin For February 2024
Number 86
Volume X
Washington, D.C
A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS
This bulletin summarizes the availability of immigrant numbers during February 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
Jan 13, 2024, Rajiv in QnA session on behalf of students, young professionals
Immigration.com
Nonimmigrant Visas
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
USCIS to Launch Organizational Accounts, Enabling Online Collaboration and Submission of H-1B Registrations
Release Date
Will Also Introduce Online Filing for I-129 H-1B Petitions and H-1B I-907 Premium Processing Service
WASHINGTON—U.S. Citizenship and Immigration Services today announced the upcoming launch of a package of customer experience improvements for H-1B cap season. The measures are expected to increase efficiency and ease collaboration for organizations and their legal representatives.
Updated USCIS Forms
USCIS recently updated the following form(s):
PERM Processing Times (as of 12/31/2023)
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | January 2023 |
| Audit Review | December 2022 |
| Reconsideration Request to the CO | March 2023 |
Agency
Green Card
Immigration Law
Transitions From H-1B job loss to B-2 status and impact on future H-1B employment
Question details
I entered the country back in 2019 to complete my Masters degree (F1 Visa). I am on an H1-B visa, which was approved last year (10/01/2022 - 10/10/2025). However, I have yet to go to India, so visa stamping is incomplete. I got laid off on December 14, 2023, so I am on my 60-day grace period. Suppose I cannot secure a new role within the 60-day grace period. In that case, I am considering changing my status to a B2 visa to extend my stay and continue looking for an opportunity. However, since my H1 visa is not stamped, will that create an issue filling for a change of status to a B2 visa? And when I land a new job returning from B2 to H1, would that be an issue since the visa won't be stamped either?
FAQ Transcript
As long as you have a change of status, such as an F-1 to H-1B change, visa stamping is not an issue when transitioning from a B-2 to H-1B. The key consideration is the validity of your I-94 while inside the USA.
January 20, 2024, Rajiv in QnA session on behalf of students, young professionals
Immigration.com
Nonimmigrant Visas
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
Refugee, Asylum, and International Operations Directorate
What does Refugee, Asylum and International Operations (RAIO) do?
They are responsible for:
- Conducting protection screenings;
- Adjudicating asylum and refugee applications; and
- Adjudicating other immigration benefits both domestically and internationally.
RAIO is vigilant about fraud detection and national security, relying on careful vetting, innovative screening mechanisms, and sound adjudication.
Recording for January 18, 2024 Conference Call with Rajiv S. Khanna
Nonimmigrant Visas
Green Card
Discussion Topics:
FAQ: H-1B lay off 60 days grace, options including B-1/B-2, approved I-140, Severance pay || Optimizing H-4 EAD options and bundling premium processing for H-1B and H-4 extensions || Implications of visa fraud by an employer on H-1B, L-1, green card, citizenship || Advantages of a National Interest Waiver, transitioning to EB-1, entrepreneurship, and H-4 employment for spouse
Rajiv's Article - Green Card 101: Why you should be interested in the National Interest Waiver
Published by: The Economic Times - Date: January 17, 2024
Link: https://economictimes.indiatimes.com/nri/migrate/green-card-101-why-you-should-be-interested-in-the-national-interest-waiver/articleshow/106930371.cms
USCIS Announces Strengthened Integrity Measures for H-1B Program
Release Date
Announces FY 2025 H-1B Cap Initial Registration Period and Online Filing of H-1B Petitions
AAO Processing Times (October - December 2023)
The AAO reports its processing times by form type, displaying the total number of completions for the quarter and the percentage completed within 180 days, which is our goal.
The administrative appeals process has two stages: initial field review and AAO appellate review.
Immigration Law
USCIS Issues Final Rule to Adjust Certain Immigration and Naturalization Fees
Release Date
WASHINGTON – Today, U.S. Citizenship and Immigration Services (USCIS) published a final rule to adjust certain immigration and naturalization benefit request fees for the first time since 2016. The final rule will allow USCIS to recover a greater share of its operating costs and support more timely processing of new applications.
NIW Criteria
Question details
I am currently doing my bachelor's in Computer Science outside the US, my goal is to work in an industry that generally doesn't sponsor visas. I was born in Canada, so just a ROW backlog. Since I can't rely on anyone sponsoring H1B or even TN(also not a TN classified job), I will need a green card before working in the industry.
I'm wondering how difficult it is to get an EB2-NIW with just a bachelor's (exceptional ability), can you explain the process and criteria for this if possible?
My field is adjacent to AI/ML right now I'm doing an internship as an Undergraduate research assistant and by the end, I should have 6 internships (not sure if this helps). The criteria I'm going for (obviously just a guess right now) I'm planning to get a few certifications for AI/ML (from reputable organizations).
I will have a degree in the field. I'm already a member of a few organizations in my field. I can get my professors, managers during my internships and other peers, to write recommendation letters for me.
Can you provide some context as to what they are looking for in this category and it would be great if you could give some recommendations on what I can do to build a solid case. I'm already a member of a few organizations in my field (eg: IEEE and BCS)
FAQ Transcript
As long as you have a change of status, such as an F-1 to H-1B change, visa stamping is not an issue when transitioning from a B-2 to H-1B. The key consideration is the validity of your I-94 while inside the USA.
Optimizing H-4 EAD options and bundling premium processing for H-1B and H-4 extensions
Question details
Currently on an H-4 visa valid until June 2024. I'm seeking your advice as I try to figure something out.
I'm a bit unsure about when to apply for my Employment Authorization Document (EAD), and I am considering the following options:
Option 1: Apply for H4 EAD now (first time - applying separately) since my I-94 is valid until June 2024. If I do this, can I keep working after June 2024 while the H4 extension and H4 EAD are in the approval process if the H4 extension is applied before June 2024?
Option 2: Apply for H4 EAD (first time) + H1B extension + H4 extension using the Premium processing option, probably during June 2024. Will the H4 EAD be approved in 15 days if all three (H4 EAD, H1B extension, H4 extension) are applied together in premium processing? Also, will the H4 EAD have a validity of three years if the H1B and H4 extensions are approved for three years?
Please guide me on which option is simpler and better or any other better solutions.
FAQ Transcript
Handling H-4 and H-4 EAD options can be complex due to inconsistencies in government procedures following a lawsuit settlement. Initially, bundling H-1B premium processing with H-4 and H-4 EAD requests was agreed upon, but subsequent inconsistencies have caused uncertainty for applicants.
In considering options for extending H-4 status, it's crucial to note limitations such as the inability to work beyond the I-94 expiration. Exploring the bundling option cautiously, and attaching a copy of the settlement decision to the application, is recommended.
Overall, careful consideration and documentation are essential in navigating H-4 and H-4 EAD applications amidst uncertainties in government procedures.
Implications of visa fraud by an employer on H-1B, L-1, green card, citizenship
Question details
I am exploring my options to file a new H1B and would be great if you could provide any suggestions or insights on my current situation.
My details are -
1) I have my I140 approved in 2013 with an Employer (XXX IT Services Inc) and had multiple successful H1B extensions until 2017.
2) My latest.H1B had an I-94 expiry date of May 30, 2017. The extension was timely filed on May 16, 2017.
3) The work location changed in October 2017 and an Amendment was filed when my above H1B extension petition was still pending.
4) Amendment Petition was upgraded to premium service in December 2017.
5) I continued to work for it until September 2019 as no decision was made by USCIS on my amended petition.
6) I exited the USA in October 2019 to join my wife and kids who were stuck in India for all these years.
7) In the middle of the year 2020, administrative processing was lifted on my petition and an RFE was issued. However, as I was already out of the USA, no response was given.
At this point, I came to know that my Employer (XXX IT Services Inc) got into a visa fraud and money laundering case and served a jail sentence as well by 2020. Employees weren't made aware of it at all. Probably that's the reason for not hearing this long.
My questions are-
(A) Will USCIS consider my stay between May 2017 and October 2019 as unauthorized, will there be a 10-year bar on me?
(B) Can I apply for a waiver of inadmissibility on the grounds of an administrative processing hold on my last petition and I left before the decision was taken?
(C) Will my employer's visa fraud case impact my H1B approval in the future?
FAQ Transcript
Visa fraud by an employer typically doesn't affect individuals if they aren't involved. As long as you were not complicit, your stay shouldn't be considered unauthorized, and there's no 10-year bar. Future H-1B approvals might have delays, but if you weren't implicated, there should be minimal impact on your immigration status.
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.