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Employment-Based Fourth Preference (EB-4) Visa Limits Reached for Special Immigrants from India
The Department of State’s Visa Bulletin for August 2016 reflects a final action date of January 1, 2010*, for EB-4 visas for special immigrants from India.
Visa Is In An Expired Passport
If my visa is in an expired passport, what should I do?
If your Visa is in a passport that has expired or will expire within 6 months of the end of your U.S. visit, you will need to get a new passport. However, you do not need to apply for a new visa. Just bring both your NEW and passport with the valid visa to present to the CBP Officer when you arrive in the U.S.
*Note: Your ESTA is not a U.S. Visa. If you obtain a new passport, you are required to apply for a brand new ESTA. To re-apply visit esta.cbp.dhs.gov.
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Recording of Free Community Conference Call (Every Other Thursday), 14 July 2016
Citizenship and Naturalization
Green Card
Discussion Topics, Thursday, 14 July 2016:
FAQ: Priority date transfer across several companies; J-1 holder getting married to a US citizen; H-4 EAD when I-140 approved through a future employer; Automatic Visa Revalidation and H-1B amendments; Withdrawing I-485 AOS of spouse.
Other: Medicals RFE not received; Changing from H-1/H-4 to green card; Converting from H-1 to F-1 back to H-1; I-140 approved changing jobs; Pending I-140 EAD regulations; Mutiple green card petitions through future employers; Legal repercussions of deportation, N-400 record expunged, cannot obtain copies; US citizen applying for parent; Passport correction; H-1 company bankrupt; etc.
BALCA Appeal Times (as of July 18, 2016)
BALCA Appeal Times (as of July 18, 2016)
Bottomline: BALCA appeals take approximately 3.5 to 4 years from the date the appeal is filed.
- Appeals from PERM denials with BALCA office are currently taking about 3.5 - 4 years from date of docket
- Dockets are being completed within the same month that they are received
Agency
Green Card
Immigration Law
Successful K1 Visa (I-129 f) Expedite Request
Just wanted to let people know that it IS possible to get the I-129f processed in an expedited basis.
EB-1A Directly from India and Green Card
I am from India and holding an Indian passport. I work for a IT company. I manage around 250 members.
One of the agencies are tied up with another EB-1 and EB-2 processing agency in USA and informed me that they can help in processing EB1-A visa (Self Petition).<br>
My questions are:<br>
1. Is there a category of Visa as EB1-A?<br>
2. If so, is there a possibility for self - petition? i.e. without an employer?<br>
3. If I file EB1-A, what is the waiting period? Approximate is adequate.<br>
4. Once I get the EB1-A visa, can I self apply for Green card or should there be an employer assisting to file for Green card?<br>
5. If I apply for Green card on an EB1 A, how long generally with it take?<br>
1. Yes. See: http://www.immigration.com/greencard/eb1-green-card/eb-1-extraordinary-…-
2. Yes, self petition is possible under EB-1A.
3. Usually, it takes appx a year for the whole process.
4. EB-1A IS a green card category. Nothing else is needed.
5. See 3 and 4.
Note: 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.
Deferred Action for Childhood Arrivals Is Still Available
The Supreme Court’s 4-4 decision in United States v. Texas on June 23, 2016, does not affect the existing 2012 policy regarding Deferred Action for Childhood Arrivals (DACA). Individuals who meet the 2012 DACA guidelines may continue to come forward and file an initial or renewal request for DACA under those guidelines.
Guestbook Entry for Puneet Srivastava, India
Update to Form N-600K
USCIS recently updated Form N-600K, Application for Citizenship and Issuance of Certificate Under Section 322. The new edition is dated 07/11/16. USCIS will also accept the 05/03/13 edition.
Recording of Free Community Conference Call (Every Other Thursday), 28 July 2016
Immigration.com
Agency
Citizenship and Naturalization
Discussion Topics, Thursday, 28 July 2016:
FAQ: Criminal record, affect on naturalization, other risks; Criteria for EB-1C, international managers and executives, impact of receiving benefits; Tourist/Visitors/B-2 visa denial 214(b); How long is an I-140 approval valid; Legalizing status; Change of work location after filing for naturalization N-400 - 90-day rule for domicile; Gap required on a B visa revisit.
Other: Student (M-1) Visa stamping, changing to F-1; N-600; Conflicting I-94 on H-1 extension and amendment; 221(g) on H-1 visa; Priority date transfer after I-140; J-2 EAD processing; Protecting H-1 holder's share in company, green card processing; H-1B transfer salary and reporting company; H-1B changing employers, etc.; spouse of green card holder issues; When to file I-140/AOS after PERM approval; Correcting records with CBP; Overstay on B visa alleged; etc.
Guestbook Entry for Joachim Feise , United States
Mr. Khanna and his collegues ensured a smooth process for my Greencard application. Thanks for all the help.
Guestbook Entry for Michelle White , United States
Hello! Rajiv Khanna and Charu Bhagat were extremely helpful in the process of obtaining H-1 status for one of our employees. I highly recommend the Law Offices of Rajiv S. Khanna for work of this nature, as they did an excellent job. The process was smooth and all questions were answered quickly. Thanks again!
Guestbook Entry for Ramesh Doraiswamy, United States
Hello All, Filed for I-485(EB2-INDIA, RIR). First off let me thank Mr. Khanna and his team members Diane Lombardo, Suman Bhasin, Nimia Aranibar, Priya Raja, Madhavai (and everyone else that I have missed in this list) for their WONDERFUL, PROFESSIONAL, COURTEOUS and COMMENDABLE work they have done so far and would be doing in the future. The work is simply FABULOUS. These folks do realize timing, esp., when Diane was so QUICK and EFFICIENT for my I-485 filing. Also I was ASTONISHED when I did get a REPLY from SUMAN on Saturday afternoon for a query that I had left on her Voicemail Friday evening. As someone else said in this guestbook, I was asking too many questions, and all my questions was answered promptly. I envy this team for their PROMPTNESS :-) I would recommend this TEAM for anyone who wishes to immigrate to the USA. After discussing with a lot my friends, I am HAPPY to have Mr. Khanna on my side. Thanks, Ramesh Doraiswamy
Guestbook Entry for Tony, United States
Now I am waiting for my priority date to be current. My country's line is just too long.
Maybe rajiv did my LC and I140 too quick! :)
The LC took about 3 month and I140 took about 6 month. Everthing went so smooth. Highy recommend the team again! I heard the new act about Green Card is that, quota will not be based on country, is it correct?
Guestbook Entry for G. Phanendra Babu , United States
Rajiv Khanna law offices did an excellent job in filing my I-140 and I-485 applications at CSC. I-140(EB1-OR)
filed on 03/99 and was approved on 03/00. I-485 filed on 03/00 and was approved on 09/00. Overall it took 18 months for
complete processing at CSC. I really appreciate Rajiv Khanna staff especially Mrs. Diane for her excellent job. I strongly
recommend any one to use Rajiv Khanna law office services.
Guestbook Entry for Rahul Patil , United States
My name is Rahul Patil. I am currently working at Restek Corporation in Bellefonte, PA as a Research Chemist. My company had hired your law firm to transfer my H1 visa from Penn State University to them. My H1 was transferred without any problems. I was very satisfied the service I received from the staff of your law firm. My company was also happy with the services and would hire your firm for any future immigration work.
Guestbook Entry for Rajasekhar, United States
I completed my Masters program in Forestry at Stephen F. Austin State University (Texas). I accepted a professional position at Minnesota Department of Natural Resources (Forestry). My wife and I had some concerns and wanted some stability as our daughter (first child) was born recently. We contacted Attorney Khanna and he immediately called home and advised me to convert to H1. My Supervisor and higher ups gave a very favorable reception. Attorney Khanna and his staff demonstrated high professionalism resulting in me getting my H1 status. We (myself, my wife Esther and Hannah - our little one) want to take this oppurtunity to convey our sincere gratitude for all the consideration and timely help. I express my best wishes to Attorney Khana and his team in their endeavor. D. Samuel
Guestbook Entry for EYG, United States
I recently got my I-485 approval. The whole process took 28 months. Mr Khanna and his staff in particular, Ms. Diane Lombardo and Ms. Suman Bhasin, have done such a marvelous job. I cannot describe my thanks in words. Mr. Khanna has a very well organized, knowledgeable, reliable, and efficient team. They know exactly what needs to be done and are always available to answer questions. I would definitely recommend Mr. Khanna to anyone who needs a legal help on immigration issues. Again, thanks Mr. Khanna, Ms. Batista, Ms. Suman Bhasin, and Ms. Diane Lombardo for your help.
USCIS Naturalizes 7,000 New Citizens over the Independence Day Holiday
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) will celebrate the 240th anniversary of the Declaration of Independence, and our nation’s birthday, by welcoming more than 7,000 new U.S.
Recording of Free Community Conference Call (Every Other Thursday), 30 June 2016
Citizenship and Naturalization
Immigration Law
Discussion Topics, Thursday, 30 June 2016:
FAQ: Can one work during H-4 EAD renewal; Can a green card applicant (sibling of US citizen) remain in USA while green card is processed; Proving ties to home country for tourist visa; Can I look for a job while EAD is still pending;
Other: Remedy against a US citizen spouse; entering USA on green card, how long must I work with employer, maintaining green card; H-4 visa stamping problems; CSPA protection; Getting status updates on PERM; Effect on visa stamping of 30-day gap in status; Revocation of I-140 and priority date; Applying for OPT while H-1 is pending; New visa required or not if I change H-1 employers; AC21 options for EB-1C executive/manager; 3 year extension of H-1 through a new company based upon I-140 approval; etc.
Guestbook Entry for Divya Ananth, United States
Hi, I want to leave a comment on my positive experience with LORK every time I reach out to the firm. I was a client of LORK when my green card was applied through my employer and they took utmost care of the case. Especially, I was one of the people that applied during July 2007 visa bulletin fiasco and the firm was very good at answering and responding to all of my repeated questions patiently. Since then, I have always reached out whenever I had a question on immigration matters and the staff always, always respond back to me promptly. Even though I was a client several years back, they still take care as if I am their current client. Greatly appreciate everyone at the firm and especially Mr Khanna for his due diligence, prompt responses and timely calls and great advice. Would love to do business with LORK again. thanks for all that you do to help our fellow Indians.
USCIS Returns Unselected Fiscal Year 2017 H-1B Cap-Subject Petitions
USCIS announced on July 8, 2016, that it has returned all fiscal year 2017 H-1B cap-subject petitions that were not selected in our computer-generated random selection process.
It has been an amazing experience with my H1 transfer this time. I was getting RFEs in all the last 3 times when my H1B petition was filed, but this time, it got approved straight without an RFE in just 10 days of time with premium processing. This definitely indicates that the documentation done was very much detailed and complete. Apart from this, prompt communication is something that I really appreciate a lot. Thanks for all the support.