Updated Paper Version of Form G-28, Notice of Entry of Appearance as Attorney or Representative
USCIS seeks your input on the draft policy memoranda listed below.
USCIS seeks your input on the draft policy memoranda listed below.
Employers and refugees should be aware that Customs and Border Protection (CBP) has automated Form I-94 processing for refugees. The stamped paper form will no longer be provided to a refugee upon arrival, except in limited circumstances.
We have received approval of both an L-1A petition and L-1A visa stamping for a managerial employee of a small business from India. The business in India consists of five employees and is completely different from the business they are starting in the USA. Normally, small businesses present much difficulty for L-1A approvals – the key issue being why does a small business need an employee at the level of an executive or manager. Nevertheless, we were able to demonstrate to the satisfaction of both USCIS and the Consulate that this
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I am contemplating marriage to a GC holder and I have a question regarding I-130 and AOS. My prospective spouse got GC in Jan 2015. I currently hold a valid visitors visa to USA and I have visited USA many times on this visa.Is it possible to get married, enter USA on the existing visitors visa and then immediately apply for I-130 and Adjustment of Status. What are the risks/implications with this approach. What is the best procedure in these circumstances?
See clip from Attorney Rajiv S.
Hi Folks, I am extremly happy to inform you that I got my Green Card process completed in a record time of one year. I am just back from India after finishing the CP Interview in Chennai successfully. Mr. Rajiv , Ms. Fidelina Baptista and all his staff Suman Bhasin, Amel Berhe, Leila Lehman, Nimia were very helpful in the entire process. Needless to mention that Mr. Rajive is very good in handling EB2 cases. They did a great job in getting my labour and I-140 approvals and also cooperated very well in my persuit through CP instead of the regular I-485. During my I-140 stage, when I called and asked Mr. Rajiv that I want to opt for CP, he immediately agreed and accepted the challenge though it was not very popular at that time. I am extremly thankful to the entire Law office of Mr. Khanna without which I would not have got my Green Card so fast. I definitely recommend the services of Mr. Khanna who are looking for a good and efficient lawyer. Good Luck to all, Chandra.
Hi Folks, I am extremly happy to inform you that I got my Green Card process completed in a record time of one year. I am just back from India after finishing the CP Interview in Chennai successfully. Mr. Rajiv , Ms. Fidelina Baptista and all his staff Suman Bhasin, Amel Berhe, Leila Lehman, Nimia were very helpful in the entire process. Needless to mention that Mr. Rajive is very good in handling EB2 cases. They did a great job in getting my labour and I-140 approvals and also cooperated very well in my persuit through CP instead of the regular I-485. During my I-140 stage, when I called and asked Mr. Rajiv that I want to opt for CP, he immediately agreed and accepted the challenge though it was not very popular at that time. I am extremly thankful to the entire Law office of Mr. Khanna without which I would not have got my Green Card so fast. I definitely recommend the services of Mr. Khanna who are looking for a good and efficient lawyer. Good Luck to all, Chandra.
I found Mr Khanna's office as very professional and prompt.
Mr. Khanna and staff were very prompt in responding to questions. Mr. Vijay & Ms. Nimia took special care in scrutinizing the papers and always went out of their way to get my papers processed in time.
I and my wife recently received our 485 approval notices in the mail. PD: August 21st, 1998 I-485 RD: August 5, 1999 FP: November 30, 1999 I-485 approval: February 28, 2000 Mr. Rajiv Khanna and his office helped us throughtout this process and provided expert guidance and timely advice whenever we needed such. Mr. Khanna was available at very short notice to answer any question and put us at ease many times throughtout this process. He is very much informed about the latest happenings in the field and uses this and his experience to perform the best possible service. I have been thoroughly satisfied with his office and commend their professionalism and honest approach of doing things. We would like to thank Suman Bhasin, Diane Lombardo, Leila Lehman, Fidelina Batista, Nimia Aranibar and Amel Barhe for their professionalism and hard work in getting us through this process. This would not have been possible without their help and support. Finally I would like to add that for anyone looking for a hard working, accessible, knowledgeable and trustworthy immigration lawyer, Rajiv Khanna and his office are a sure thing!
I just got the I-485 approval yesterday in the mail and Rajiv informed me about it through an email. I am writing this feedback to let people know of excellent and extremely professional job done by the law offices of Rajiv S. Khanna. (all dates given below.) Rajiv used the RIR process for my labor certification, getting the LCA in a very quick 3 months time period. I had to wait for my PD to become current to file the I-485. My dates. PD 7/97 RD 4/4/99 ND 4/22/99 FP 8/20/99 FBI processed it on 9/23/99 and approval 02/29/00 Thanks a lot to Rajiv and his associates. I am all praise for them. will gladly refer them to you anytime. Rahul Vyas.
1. My employer filed my I-140 and it was approved. They refused to provide me the approval notice but through InfoPass I was able to get my receipt number and Alien #. To port my priority date, I would like to request USCIS for the duplicate copy of I-140 approval notice.
2. Is it possible to request USCIS a duplicate copy of my I-140 approval notice using either G-639 (FOIA) or I-824 (Action on an approved application or petition) or any other method as I have my receipt#?
FAQ Transcript
Answer 1. People typically file a FOIA request. File the Form G-639 (Form G-639 - USCIS). Often you get copies of all kinds of documents. Government gives you copies of documents they have on you. It is not consistent but people have got copies of their 140 approval notices, copies of their H-1 approval notices, the entire perm package. So it is worth filing a FOIA and it doesn’t cost you anything. It can take a little bit of time a couple of months maybe three months but do file it if you don’t have documentation. You can port the Priority Date with your alien number itself and receipt number as well. It should not need a I-140 approval notice. Remember the government has that information already. They don’t specifically need it from you.
Answer 2. By all means file the form. File G-639 and not I-824. File G-639 and let’s see what they give you.
I have been laid off by my current employer, with severance paycheck coming at regular pay intervals until mid January-2016. Finding a new employment is taking time. I am on H-1B which first started on October 01, 2013, latest I-797 valid until December 2017.
1. How long do I legally have, before I become unauthorized to stay? What constitutes as unlawful presence?
2. My I-94 admission validity is until October 2016; with no employment, does this mean anything?
3. Before I transition into a new H-1B, can I travel outside and into the country, without a Change of Status? Can I use severance pay checks if asked, for entry purposes?
4. Can I use my severance pay stubs as pay stubs when my next employer applies for new H-1B?
5. I am hesitating to inform my next employer about my termination, thinking that this may impact my hiring decision or my ability to negotiate. But not indicating terminated employment, is it possible that my H1B transfer or new petition may be considered unethical?
6. In your experience, how long does the USCIS take to update a revoked H-1B petition in their systems?
7. If my new employer files for H-1B transfer before the update but with pay stubs older than 30 days, do I have to mandatory leave the country for new H-1B stamping before starting to work?
8. If such is the case, is it best to change to a B-2 status and have my next employer apply for new H-1B? If yes, I would assume that I will be cap exempt until September 30, 2019 plus the days spent on B2; would this be a fair assumption.
9. Can my employer continue to pay severance checks when I am on B-2 status?
10. What happens if my new employer applies for H-1B transfer with severance paychecks, after USCIS has updated their records?
11. In your experience, what gap in unemployment is generally ignored by USCIS when filing for new H-1B or transferring new H-1B?
12. What other words of wisdom do you have for me?
If you get laid off on H-1B there is no grace period. You get laid off today tomorrow you are out of status.
Answer 1. Not even one day. However when you are getting paid can you not make the argument that since you are getting paid you are still maintaining status. That’s a slightly unpredictable argument. It can cut both ways. An example: I did a consultation on garden leave. Garden leave is very common in the financial industry. The employer lets you resign or if they lay you off they will pay you for the couple of months but they don’t want you to join another employer. The idea is you should not be able to take their information which is current and apply to a competitor. So in that case those pay checks are strongly set to keep you in status because it is full salary and they are maintaining control over you and they are not letting you do what you please . And that’s the assumption.
However severance pay… government has at one point said that they don’t consider severance pay to maintenance of status because severance pay seems to be a part of an arrangement were this is not salary you are basically just getting paid sought of a bonus to part company and I have doubts about that . I do not believe that to be a very good legal opinion from the government. I feel as long as my salary amount is getting paid, my deductions are being made, it is does not matter if I have a job or not. So you can certainly argue that. Severance pay doubtful, something like garden leave or regular leave coming out your way is probably ok to maintain status.
Answer 2. Not really. Understand the difference between out of status and unlawful presence. These are two different concepts. If you are on H-1 and you get laid off you are out of status the next day. But you are not unlawfully present until your H-1 is revoked or until your 1-94 expires. For sure unlawful presence begins when 1-94 expires. So unlawful presence and out of status are two different things. You are out of status the following day but you may not be unlawfully present until you’re I-94 expires or revocation of the H-1 occurs. Consequences of being out of status and unlawful presence are quite different. You are out of status that is no bar from getting another H-1B visa, another H-4, L-1, L-2 maybe a problem for F-1 or B-1 visas that have rather weak basis but for H-,4 H-1, L-1, L-2 or even O-1 or E-3 this is not a problem. On the other hand if you are unlawfully present for 180 days you are barred from green card or work visa for three years to ten years if you are unlawfully present for one year. So you can’t come back without a waiver and waivers are limited.
Answer 3. No because you don’t have a job. If you use the same visa to come back in, that could be fraud.
Answer 4. The answer is yes and why not. Government has never made a formal announcement that they will not accept severance as indicative of violation of status. So definitely use them.
Answer 5. That’s between you and your new employer. Immigration law does not require you to inform your new employer about termination by the old employer.
Answer 6. It can be many months but revocation should be retroactive so if your employer sent a revocation request which reaches USCIS today even if they act on it three months down the line they will back date it to today. Revocation is effective on the date revocation request is received.
Answer 7. It is up to USCIS, they might allow you status if the facts of your case is such that they require some sympathetic consideration but normally if you are out of status even one day government is well within its right to refuse to issue you status within the country. In these cases I always advice people to file premium processing soon so you know rather quickly were you stand.
Answer 8. B-2 application to maintain status is acceptable sometimes and also objectionable by the government. You can try, you can tell them that you were laid off unexpectedly and you have enough money to support yourself and you will not work without authorization, and that as soon as you find another employer you will immediately apply for an H-1. When all these things are said and done I think you can make a case for a B-2.
Sometimes government has come back and said we cannot give you a B-2 but as long as you get it filed before your current H-1 expires at least you have the right to stay in the US. You can argue in what is called authorized period of stay. But the problem is this. Something you need to be aware of. Let’s say your status is expired you have filed for B-2 and it is pending now you found a job remember an H-1 transfer within US will be approved only (most cases) if the pending B-2 has been approved in your favor by the time USCIS decides the H-1 transfer. If the case is still pending they will not give you status within USA, they will ask you to go for visa stamping. That is not a problem. You can do that but be mindful of that. If the B-2 is still pending or the B-2 is denied you will have to leave USA. The only time you get H-1B within USA is if by the time they decide your second H-1and your B-2 is already approved in your favor.
You will be cap exempt. That is not a problem because cap just says if you have been approved anytime in the last six years you are not subject to the quota.
Answer 9. Why not. On the one hand we are arguing that’s keeping you in status. On the other government could take the position that means you are violating status and I would say “no” because that is payment for work already done. They are giving me severance not because I am working for them; it’s because I already worked for them and this is either a payment for work already done or part of the arrangement while I was working. In order for employment to be unauthorized there must be a payment or remuneration as well as work. If there is payment without work or work without payment I think that is a good argument that’s not an unauthorized employment.
Answer 11. There is no consistency. I have seen them ignore not even one day they will come back and say no you were out of status for one day, in some situations they have done for two or three months. Most of the times they are not tolerant of this issue at all.
Answer 12. I think B-2is a good idea as long as you understand the implications of a B-2.
Release Date:
H-1B Initial Electronic Registration Selection Process Completed
USCIS is revising our guidance (PDF, 364.37 KB) in the USCIS Policy Manual to align with the Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements Final Rule published in the Fe
Discussion Topics:
FAQs: Staying outside the US on Re-Entry Permit Validity, Usage, and Multiple Entries for Green Card Holders || Unemployment Benefits for H-4 + EAD Holders with Previous H-1B employment
USCIS recently updated the following form(s):
Form I-929, Petition for Qualifying Family Member of a U-1 Nonimmigrant
04/01/2024 06:16 PM EDT
Edition Date: 04/01/24. Starting June 3, 2024, we will accept only the 04/01/24 edition. Until then, you can also use the 08/31/21 edition. You can find the edition date at the bottom of the page on the form and instructions.
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mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
Number 89
Volume X
Washington, D.C
A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS
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.
My discussion with Mr. Rajiv Khanna was very reassuring for staying on extended time for personal care of my physically challenged son (F1) pursuing his Masters. I hope we get the extensions as we go forward with our stay.