In tomorrow's community conference call, one of the community members has raised the issue whether receiving certain kinds of State benefits becomes an issue for immigration. The concern is well-founded in that receiving public (Federal or State) means tested (that depend upon the amount of income/expense) can lead to a determination that an applicant can become dependent upon government resources ("public charge").
FAQ 1. I am presently in Canada on a work permit and want to apply for H-4 EAD. My husband has a valid H-1 and an approved green card application . So we are eligible for applying. My question is that can I visit US for 2-3 days, mail my application and then leave the country? Do I need to be in the US when the USICS receives my application? Or I can immediately leave after mailing the application? <p>
FAQ 2. My spouse's PERM approved & his employer is still gathering required documents to file I-140. It is still within 180 days limit. Can I apply for H-4 EAD with my spouse approved PERM copy and other documents required ( eligible under beyond 6 years extension of H-1 & PERM pending 365 days) ? Or do I have to wait until his I-140 filed ?
Answer 1: Unless you are already on H-4, you cannot leave while the change of status request is pending.
Answer 2: I think you will need the I-140 APPROVAL, not just receipt (or 7+ year H-1 extension).
WASHINGTON—Secretary of Homeland Security Jeh Johnson announced his decision to designate Nepal for Temporary Protected Status (TPS) for 18 months based on the conditions resulting from the devastating magnitude 7.8 earthquake that struck Nepal on April 25, 2015, and the subsequent aftershocks. As a result, eligible nationals of Nepal residing in the United States may apply for TPS with U.S. Citizenship and Immigration Services (USCIS).
Heather Riddick and Rajiv handled my Green card process as well as my Wife's H4 EAD. Both Green card(So far I-140 is approved) and H4 EAD process(My wife has already received the approval) went fine and were approved. I feel their strength is proper planning and co-ordination with the client. Heather Riddick over sees all the details and verify the documents needed for the process every now and then before we file so no document is missed. Thank you Heather Riddick for all your effort. It is a great pleasure working with you. Your quick response all of my emails clarifications were one of the reasons for the success. Keep up the good work.
Rajiv on the other hand keeps team up-do-date with all current topics of immigration and that helps his entire team to stay on top of all issues. e..g is my wife's H4 EAD. USCIS had changed the I-765 form one day before filing and Heather was very proactive in downloading and filling the forms, send it out to clients to get their signatures. Even with the last minute change from USCIS she could file H4 EAD on time. Kudos for that. I would definitely recommend Rajiv and team for immigration work of any kind. Every dollar you spend as legal fee is worth.
The Department of Homeland Security (DHS) is extending the initial registration deadline for Temporary Protected Status (TPS) from May 20, 2015, to Aug.
Below are questions I have on the H-1B Amendment and H-1B transfer being filed almost at the same time with little gap with USCIS for the same person. The H-1B Amendment is in light of the new H-1B regulation that has been mandated by USCIS when there is a significant change in the Job Location of the beneficiary from the address mentioned in the initial Petition from the employer which was approved initially.<p>
1. Does the USCIS Last action rule apply in case of the below 2 being applied almost at the same time for the same beneficiary?<br>
a) H-1B Amendment with Current Employer<br>
b) H-1B Transfer to New employer while H1B Amendment is pending with Current Employer.<br>
2. If the answer for the above is 'Yes', then incase the H-1B Amendment Approval comes after the H-1B Transfer would the H-1B transfer to the new employer that was approved earlier be automatically nullified?<br>
3. If the answer for #2 above is 'Yes' Is there any way to request USCIS to consider the H-1B Transfer approval to new employer as the primary incase that get approved earlier and avoid the H-1B amendment to dictate the latest H-1B for a given employer? (I believe we can request USCIS to withdraw/cancel the Amendment but is this something that the new employer/employee can do or only the existing employer who was filed for H-1B amendment has the authority to request any cancellation/withdrawal of the H-1B amendment?)<br>
4. Also does the current suspension of H-1B premium processing apply even for the H-1B transfers (with a new extension for 3 Years) or is it only for new H-1B extensions of Petitions from the current employer?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
I am currently on EB-3. I have a company (say Company A) which is willing to file for my GC in EB-2 under 'Future Employment'. Do I or the 'company A' need to be aware of something on this front?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
The H-1 quota cuts down 50% or more applications each year.
My wife H4 was expired and we realized about it one year after it has been expired. This has happened because my previous employer filed just my H1 and they never filed H4 for my wife. After realizing the situation my current employer filed through our company lawyer and H4 was denied. I have been looking around for another lawyer, who had success in handling this kind of case. I didn't find one single lawyer who can assure me of fixing my wife visa or who had success in the past. I sent an e.mail to Rajiv and surprisingly I got call from him the very next day and he told me about the success they had in the previous cases. We filed for my wife H4 along with my 7th year extension. Miraculously her H4 was approved by CIS. This has just happened definitely because of the excellent background work done by Rajiv and his team. The timely response from Rajiv,Jitesh,Ursula,Anna & Seth is extremely impressive. I recommend anybody to deal your immigration issue with Rajiv and his team. These guys are just awesome. Overall I am very happy that we chose Rajiv firm.
Excellent services. Got approved without any ref or other problems.
Good experience.
I have contacted you in the month of June, 05 regarding my F1-H1 Issue. My H1-B visa was approved by the American Consulate in Mumbai with out any problems and I am in the US right now. I would like to genuinely thank you for all your help and advise and I am glad that I took your services as I tried a number of lawyers before you and everyone gave me conflicting advises. I am writing to you my whole experience in detail so that you can put this in forum as other people may get help from this.
Thanks to Rajiv and his professional, friendly staff for their phenomenal work on our Green card case. We just got our cards. Rajiv was meticulous, comprehensive, and incredibly skillful in preparing the case. Over the last three years, we had some really nerve wracking moments, but Rajiv’s prompt response to our concerns had been a beacon of hope and comfort. We never had to wait more than a few hours for his response to our emails. This promptness meant a lot to us. We are very happy that we chose Rajiv as our attorney, and we recommend his firm highly to anyone seeking immigration benefits. Once gain a heartfelt thanks to Rajiv, and his staff.
Very professionally done! Mr. Khanna took personal interest and answered e-mails/questions promptly. He has made yet another permanent client!!! His staff was also very patient. His fees is very competitive and there are no fees for 'providing information' on the phone, a practice of many immigration lawyers.
Ok,
I just got back and I wanted to let you all know how it went, cause it felt like such an easy process, that I still can't believe it's over.
Our interview was at 10:00 am at the San Francisco office.
We arrived around 9:50 am (parking difficulties). We ended up parking at the corner of Sansome st., which costed $18. At that point I was so nervous that we were gonna be late, I wouldn't have minded paying $100 for parking.
First of all thank you for the very useful immigration.com website. Over the years I have used it frequently to check on the sometimes incredible information the INS (and successors) have told me and gauge how my progress through the INS labyrinth compared to others.
I was born in Mexico and I was brought to the US at the age of 3. Like many other people in my situation, I was brought here by my mom to provide a better education. I am now 18, just started college and due to my status I am struggling to keep up paying my tuition. I am forced to work, and feel that we should all get an equal opportunity in education. Through the years, I have acquired great knowledge thanks to the schools of this great country. I graduated from my High School with the third highest honors Ephebian, and a 3.33 GPA.
Mr.Rajiv Khanna's office was very helpful in every stage of our application process and they are thoroughly knowledgeable. I am extremely satisfied with their services. Thanks Mr.Rajiv!