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.
I was really excited when I heard from Amrita that my labor certification has been approved so quickly. I would like to thank Mr. Khanna and his staff for their dedicated support in this regards. I am expecting the same level of support from you for the rest of green card process.
My GC was approved in less than two years through The Law Office of Rajiv S. Khanna. I got very quick response from the firm for any kind of questions related to my case. I highly recommend them.
My problems were solved through your office. Thank you very much.
Thanks Sushila. You did a wonderful job in filing the labor.
I received my GC within 3 years in EB3. All credit goes to Rajiv and his wonderful team.
This was my second attempt to file GC. (My first attempt got screwed up because of lawyer.) Second time I've insisted to go with Rajiv Khanna. My experience was wonderful. Rajiv, Suman, Mathew, Richa....they all did a great job. They are always responsive and available. I feel like I was dealing with friends.
I highly recommend Rajiv Khanna's firm.
Excellent service by Rajiv and his team:
My husband and I got our GC approved recently. It took us almost 5 years to complete our GC process from start to end. Rajiv and his entire team have been very responsive in answering any of my questions through out the process. Special thanks to Rajiv and Mathew for answering all my questions in the last 5 years. I would definitely recommend their services to any one that is looking for an Immigration lawyer.
Keep the good work going.
Thank you.
Thanks for your service. Myself and my spouse I-485 approved after nearly 4 years. I really appreciate Rajiv, Mathew and Jitesh for your help during I-140 denial, prompt returning telephone calls and emails. Never had problem to contact Rajiv to clear doubts about I-140 denial. Thanks again to Jitesh and Mathew to set up conference call with Rajiv to answer my questions.
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.
At last it is over - the wait and agony of many years!
First, I want to thank this spectacular group and everyone who have shared their views and ideas... this forum has been a great asset for everyone appearing for CP.
Last stage of my Green Card experience went through a tough ride and we saw a lots of tipsy turvy roads.
Here is my journey of the GC:
Mar 2003 - Applied for labour.
May 2006 - Applied for I-140.
June 2006 - I-140 got approved.
November 2006 - Applied for CP
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!