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.
Thanks to Mr. Rajiv Khanna's team for going through the long process of Green Card. I got my green card last week. Especially my thanks to Mr Mathew Chacko and Mr Vijay Durgam. They are so helpful in my case.
Your team was very helpful, right from start to finish. I am definitely going to come back to your office for future immigration needs. Thank You for all your help.
I got Mr. Khanna's Reference from a friend of mine as Immigration Lawyer. Since my first discussion,and then applying for H1-B visa for one of my employees, Mr. Khanna and his staff has been exceptional in response, knowledge, promptness and understanding. To say the least our employee got the H1-B visa and everybody is so happy, that all our future work needed for our company on immigration question will be done by M. Khanna's office.
Awesome work, we are regular clients of their law firm and each time the experience is the same: Helpful, fast and APPROVALS!
Rajiv is an expert on Immigration Laws and is straight up and abreast of rules and regulations and is strict about the law and stays strictly as defensive. Rajiv has an excellent team in Mathew and Heather. They are very knowledgeable, proactive and understanding. I highly recommend Rajiv and his team of Mathew and Heather as your case managers.
Your team is very professional, diligent and has very good attention to details. Everybody there including Vikas, Anna, and Fran were very punctual and responded to our queries promptly and guided us through every step in a professional manner. Even after getting a RFE, they came up with good solutions to resolve the issue and get the application approved. I will definitely refer your firm to my friends and colleagues.
I received our GC within 16 months for the whole process with Rajiv S. Khanna as our attorney. Rajiv is an expert on immigration laws and is straight up and abreast of rules and regulations and is strict about the law and stays strictly as defensive. He helped us at every point in the whole process. We never get any problem or in completion about the paperwork done under his guidance which has been perfect. Perfect paperwork reduces the total time of this lengthy process. We are greatly thankful to Mathew, who is always available and is happy to respond calmly and peacefully. Also many, many thanks to Heather, Judi and other staff members who are very co-operative and would return calls & e-mails promptly. In short Rajiv and his staff made the whole process very easy, simple and painless. We are really glad that we chose this law firm. We are greatly pleased with Rajiv and his staff as far as their professionalism, courtesy and promptness regarding my GC. I will recommend to all of my friends and everybody I know to go through Rajiv S. Khanna’s Law Firm. We are thankful to Rajiv and his staff.
Rajiv, Suman helped and encouraged me when my 140 was denied even after filing the amendment to treat it EB-3 . They were very prompt, knowledgeable and helping . I strongly recommend Mr Rajiv Khanna for any immigration related work
Rajiv Khanna's office is handling my Green Card process and in general, his entire team is very responsive and provide a good support. I received an RFE on my I140 petition, with very peculiar queries. Sheena Gill took the responsibility of compiling the response for the RFE. She did a great job in following up and compiling the evidences and gave me very good suggestions. She was prompt in responding and provided necessary information to me to take the appropriate steps. It has been great to work with her. Her dedication, effort she expends are great. Great Team.
I received approval for my I-485 adj of status for me and my family on July 21,2008. I knew about Rajiv and his team from my H1 transfer, LC and I-140. Now one more chance for me to thank Rajiv and his team for getting my GC approved. I can proudly mention that my case was in a good hand. Rajiv a kind-hearted and knowledgeable person who handles the cases very cleverly. We get good advices from him always. I also have to mention that Rajiv has a very good team in his office. They also act immediately and response quickly for all our issues and questions. I understand all his team people are good in providing a good service to clients. Especially I would like to thank Attorney Mathew Chacko, who is a very good man personally and officially while handling my case. Mathew acted very quick and responded my questions immediately without any hesitation. Every time I get upset Rajiv and Mathew only convinced and encouraged me. I really thank other team members Subha, Prerna, Bharathi also for their immediate and quick action every time. I strongly recommend every one to go through Rajiv's Office for you immigration process. He and his team not only act as an Attorney's Office but they acted as a very close family member to get GC and other process for us. I cannot forget Rajiv and his team in my life time. They lighted my future with brightness. Once again my heartfelt thanks to Rajiv and his team.
Perfect and straight guidance given by Lawyers/persons handling my case, help me achieve my Labor certification. Great Team. Professionalism is KEY here. I would recommend others to Rajiv Khanna/Vijay Durgam who handled my case.
We received our approvals. A special thanks to Leslie and Heather for supporting us through the entire process. They were very responsive, knowledgeable, and took prompt care of all our questions and inquiries right to the last few days. Mr. Khanna has a great team in Suman, Heather, and Leslie. Thank you for all your help.
Should H-1 be renewed while the AOS is pending?
Bottomline - I think H-1 should be renewed.
A little more info: A few months ago, I used to feel strongly that AOS applicants should keep their H-1 active for several reasons. Two of these are:
One, EAD issuance was erratic and CIS had discontinued issuance of interim EAD's (that is, if in 90 days your EAD is not issued, you could walk with a infopass appointment to your local CIS office and get an EAD). Thus, EAD's were unreliable and given for only a year. You could have interruptions in your work.
Rajiv, this month’s visa bulletin shows our category is current. What does this mean for people who have already applied for 485. Have AP and EAD. And now their dates are current again? Does it mean they will get a GC via mail? What if I haven’t had my FP done yet?
As of July 2008, this is how the system works.
First, let me provide a little background. Priority Date is the date your PERM is filed (in Case of EB-1 or NIW – the date your I-140 is filed; in case of Family-based petitions – the date your I-130 is filed.).
Rajiv, this month’s visa bulletin shows our category is current. What does this mean for people who have already applied for 485. Have AP and EAD. And now their dates are current again? Does it mean they will get a GC via mail? What if I haven’t had my FP done yet?
As of July 2008, this is how the system works.
First, let me provide a little background. Priority Date is the date your PERM is filed (in Case of EB-1 or NIW – the date your I-140 is filed; in case of Family-based petitions – the date your I-130 is filed.).
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!