Guestbook Entry for Arul Palanivelu, United States
Name
Arul Palanivelu
Country
United States
State
ID
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Guestbook Entry for Rob Ray, United States
Name
Rob Ray
Country
United States
State
FL
Comment
I would like to take this opportunity to express my sincerest appreciation for the great job done by this law firm in getting my LC approved in record time. My LC was filed at the Florida SESA on August 2nd, 2000 and approved from Atlanta DOL on 18th September. The entire process took only 1.5 months, which is incredible considering that Labor is taking around 4-5 months in that region. This has been made possible mainly due to the expertise and professionalism of the staff of this law firm, particularly Rajiv Khanna, Suman Bhasin, Richa Narang and Vijay Durgav (among others). I am grateful to them for a job well done and will recommend their services to anybody about to start the journey. On to I-140!!!!!
Visa Bulletin For August 2021
This bulletin summarizes the availability of immigrant numbers during August 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 on the visa bulletin click the link below:
Can Student Visa Holders Apply for a Green Card?
This article was submitted to and published in The Economic Times.
Link to Rajiv's Author Page in The Economic Times.
08 July 2021: Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)
Nonimmigrant Visas
Green Card
Discussion Topics, Thursday, July 08, 2021:
FAQ: I-140 Employment Authorization (EAD) in Compelling Circumstances || Criminal Charges in Immigration - Domestic Violence Laws and Risk in Applying for I-485
I-140 Employment Authorization (EAD) in Compelling Circumstances
Question details
I had applied for the compelling circumstances EAD as i140 beneficiary when I lost my H1 job past July from info. thru these calls and our discussion. I found a new H1 job eventually in the grace period that H1 got approved later in Dec 2020.
Now after long wait, USCIS sent me biometrics appt. letter to go to ASC for fingerprints for this EAD. My question-
- Since it appears USCIS wants to proceed with this compelling EAD despite the fact they have approved H1 in Dec. itself, should I go for biometrics to get this EAD?
- If yes, is it fine to work elsewhere using that EAD(may be part time) while maintaining my H1 status thru current H1 job, or I got to pick one of the two? leaving my current H1 job will make me ineligible for i485 filing (in case my priority date may become current in another year) as that EAD is no H1 status right?
- Or should I not go for this EAD/biometrics at this point at all? do I need to inform USCIS anything?
FAQ Transcript
In my opinion withdraw your Compelling Circumstances EAD. I think it's both inappropriate and useless for you as far as I can tell. More...
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.
Criminal Charges in Immigration - Domestic Violence Laws and Risk in Applying for I-485
Question details
I had a domestic violence charge that got dismissed in pre-trial.
Soon after the incident occurred my attorney asked me to get 4-5 anger management classes as that would increase the chances of my case getting dismissed but said the court never asked/mandated the classes.
And he also said the prosecutor elected to dismiss the case due to lack of evidence and because he was satisfied that I completed anger management counseling sessions.
I've a few questions around this:
1) When I apply for I-485, will this situation be treated as Conviction by Immig Officer thouse the case was dismissed in pre-trial?
2) Can I be deported for this when I file for I-485? Am I risking by applying for I-485?
3) The court did not give a separate disposition letter (disposition is in the Criminal Complaint itself). We drafted a letter explaining the charges against me and the outcome of the case and took stamp, seal along with Clerk's signature from the court.
When I file my 485 will this letter be enough as a proof to the Immig Officer that my case was dismissed?
Or do I need to submit the entire docket?
FAQ Transcript
I would like your case to be assessed by a local immigration lawyer who does deportation cases, they usually know this area of the law fairly well. More...
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 August 2021
Number 56
Volume X
Washington, D.C
A. STATUTORY NUMBERS
This bulletin summarizes the availability of immigrant numbers during August 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
Applicants for Change of Status to F-1 Student No Longer Need to Submit Subsequent Applications to ‘Bridge the Gap’
Release Date
U.S. Citizenship and Immigration Services today announced new policy guidance that eliminates the need for individuals who have applied for a change of status (COS) to F-1 student to apply to change or extend their nonimmigrant status while their initial F-1 COS application is pending.
F-1 students no longer need to file bridge petitions - USCIS policy change on COS
U.S. Citizenship and Immigration Services announced today new policy guidance that eliminates the need for individuals who have applied for a change of status (COS) to F-1 student to apply to change or extend their nonimmigrant status while their initial F-1 COS application is pending.
Filing Location Updates for Certain Forms I-131
On July 22, USCIS adjusted the addresses for certain applicants filing Form I-131, Application for Travel Document. USCIS has not changed any filing locations but have refined attention lines and ZIP codes to improve internal processes at the lockboxes. This address update affects:
22 July 2021: Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)
Immigration.com
Green Card
Discussion Topics, Thursday, July 22, 2021:
F-1 OPT and STEM OPT students obtain settlement in Li v USCIS case
The following settlement was reached in Li v. USCIS in favor of the OPT and STEM OPT applicant students suffering from delays and rejections:
USCIS Conducts Second Random Selection from Previously Submitted FY 2022 H-1B Cap Registrations
In March 2021, USCIS conducted an initial random selection on properly submitted electronic registrations for the fiscal year (FY) 2022 H-1B cap, including for beneficiaries eligible for the advanced degree exemption.
H Visa Processing times & status checks
Processing Times
- USCIS Service Center Processing Times
- California Service Center
- Nebraska Service Center
- Texas service Center
- Vermont Service Center
Nonimmigrant Visas
H-2 Visa - Temporary Workers
The H-2B visa category is used by U.S. employers to temporarily employ skilled or unskilled foreign nationals in nonagricultural positions for which the employer has a temporary need and for which qualified U.S. workers are unavailable. The company must plan to employ the foreign nationals for a temporary period and the employer’s need for the skills of the foreign nationals must also be temporary. In addition, the employer must seek a “labor certification” from the U.S. Department of Labor (DOL) certifying that:
Can H-4/F-2 holders perform volunteer work?
The following discussion applies to all visas where working is not permitted. Most typical examples of these types of visas are F-2 and H-4. The question often arises whether or not it is legal for such folks to volunteer their time or are they constrained to stay at home.
Quote: Q. May an H-4 (or F-2 type visa) holder volunteer for work to provide charitable service, to gain experience or just to stay busy?
H-1 converting to H-4 and then (maybe) back again
Question details
I have a friend who came to US on H4 & was on H4 for 2 years. Then she applied for H1B from 2 companies (A & B) & got approved from both the companies. She got the project in Oct 2008 & started working for Co B .
Now due to bad economy, her Project is ending in January 2009 and she is not able to find any new project.
While working she have been paying taxes regularly.
Pl let us know what needs to be done now:-
* She is planning to go back to H4, pursue higher studies, Changing to F1 & then coming back on H1B work. (H4-H1-H4-F1-H1) or (H4-H1-H4-H1).Will this create Bad impression to USCIS ?
* When next time the H1B petition is being filed for her, will her petition be subject to regular H1 B quota of 65000 & will have to go through a typical process of filing, that means Petition being filed in April & waiting for approval until Oct. to work?
* If in case My friend goes back to H4, Will Co. A & B will terminate H1B petition as per law? & If in case yes will this create any difference?
Changing the way she is planning is perfectly legal. There is no question of a "bad impression."
In my view, she will not be subject to quota unless she is outside USA for a year.
The companies are required by law to revoke her H-1. I see no issues there.
H-3 Visa Trainees
General Information
An H-3 classification applies to an alien who is coming temporarily to the United States:
(1) As a trainee, other than to receive graduate medical education or training, or training provided primarily at or by an academic or vocational institution, or
(2) As a participant in a special education exchange visitor program which provides for practical training and experience in the education of children with physical, mental, or emotional disabilities.
Nonimmigrant Visas
L-1 - H-1 COS issues
Facts - I am on an L1 visa working for employer A and my wife is on L2-EAD. We both applied for H1 visa through Employer B and it got approved recently. I am not sure if Employer B (Consulting Company) has applied for COS while applying for both of ours H1 visa. Could you answer the following queries for both (COS applied and COS not applied) conditions during H1 application.
Questions
Can an unrelated Masters degree get me an EB2?
Question details
When we apply for Green card under EB2 category, should the masters degree and present job be related? Here is a situation: I have a masters in Agribusiness and I am working as a business analyst. My employer says I am not eligible to apply under the EB2 as my masters is not related to my present job in IT sector. Please let me know the reality.
In fact there is no simple answer. Legally, there is nothing that requires that the degree must be in a related field. But, the employer needs to make sure, under penalty of perjury, that they do require a Master's degree, even if it is unrelated.
Does filing for any green card permit me to stay in USA?
Question details
I am here on L1b visa from x company. My sister sponsored me Immigration visa in 2006. (File is still in processing). My assignment is going to over here.
Is there any work around or change of status through which i can stay here?
So, the questions is does filing for any green card permit me to stay in USA?
The answer is no.
Only those green card application in which there is no wait for a visa number (example: spouse or parent of a US citizen or EB1 category currently) permit you to stay in USA but only if AOS (I-485) is filed in a timely manner.
That is the reason spouses of green card holders have to wait OUTSIDE USA for many, many years.
What to do if an I-140 gets rejected?
Question details
Have a situation. My company applied for Labor in oct 2007 which got approved and we filed I-140 (EB-2) in april 2008. We got a RFE in Sep 2008 and reply recieved by the USCIS on oct 16th 2008. Mean while my 7th year of H1b was approved and now it expires on Nov 2009. We have not received any updates on my case and its been >90 days. My current lawyer now says that I should apply for EB-2 NIW as a back up. My concerns are:
1. If my current I-140 gets rejected will my 7th year of H1b be revoked? since it was based on labor pending?
2. What will be my options if it gets denied( can I file for Motion to reconsider). Will I still be in Status and work till nov 2009?
3. Will they extend my H1b beyond nov 2009 if the MTR is not resolved by then?
4. If at all everything is rejected what can I do to start residency in july if I match?
If all else fails what are my options to continue working in the US?
My wife is on her independent H1B visa and I have 2 US citizen kids. I also have a US citizen brother( dont know if that would help any)
Generally speaking, NIW is a lousy back up for a number of reasons. But I say this not knowing the merits of your situation, as your lawyer does.
I got my Immigrant Visa thru Consular Processing on August 2000. Law Offices of Rajiv Khanna helped me through the process. His staff were generally helpful and knowledgeable. Among other things one I most appreciated was the fact Rajiv made time to reply every e-mail queries I sent and return every phone messages I left. That was re-assuring during various stages of the process. I will certainly refer them to anyone who wants immigration/non-immigration services.