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.
Q: Could USCIS send a receipt notice when the fee waiver application is received?
The Department has posted FAQs explaining how one should notify the Atlanta National Processing Center of a change of address, change of legal representation, and other related actions.
To read FAQ, see the attachment:
Work: H-1B Visa Petitions Can you contact me as a Reference: YES! Comments: Anna Baker and Fran Fisher have helped a number of my employees obtain H-1B Visas as well as file for extensions of existing H-1B Visas, with a 100% success rate! I believe we've now succesfully filed 10(at least) Visa petitions and extensions with them, and they've made the process incredibly easy for me. Even during the stressfull times of having to respond to RFE's, they always manage to successfully guide me through the process and ensure approvals. And while my knowledge of the immigration and H-1B petitioning process is minimal, to say the least, they always thoroughly explain everything to me, no matter how silly my questions are. They promptly respond to my emails on a daily basis and are incredibly professional from start to finish. No matter how many curveballs I throw their way; whether it's telling them someone's Visa expires in 3 weeks and we need to file for an extension immediately, or if we're missing a critical document requested by USCIS, they ALWAYS have a solution that ultimately results in an approval. I cannot recommend their team highly enough, and my employees cannot thank them enough for all of their hard work in ensuring their ability to live and work here in the US. I just hope Rajiv gives them plenty of vacation time, because they deserve it :-)
On November 28, the Consolidated Natural Resources Act of 2008 applied the immigration and Nationality Act to the Commonwealth of the Northern Mariana Islands (CNMI), The Department will administer certain immigration programs on CNMI. The Department has published FAQs to assist CNMI employers with obtaining prevailing wages.
Nonimmigrant visa application to be available via web-based by April 30, 2010.
DOS Bureau of Consular Affairs announced that it will deploy the DS-160 fully web-based nonimmigrant visa (NIV) application form worldwide. Complete global usage of DS-160 for all NIVS except K’s is expected by 04/30/10. DS-160 replaces the Electronic Visa Application Form (EVAF).
U.S. Citizenship and Immigration Services (USCIS) advises anyone who lives in the CNMI who is submitting an immigration application to list their Post Office Box where the immigration form asks for a street or physical address. This is very important as applications that do not use P.O. Boxes are being returned to the USCIS office.
If an applicant has already filed an application with USCIS using a street name, it is important to complete a change of address. There are four ways to do change your address for the specific application you have submitted:
Please see the attached memorandum released by the USCIS on Dec 10,09.
Number 16
Volume IX
Washington, D.C.
VISA BULLETIN FOR JANUARY 2010
A. STATUTORY NUMBERS
January 2010 Visa Bulletin released.
On December 14, 2009, the Department of State published a proposed rule in the Federal Register to increase the nonimmigrant visa application processing fees, also called the Machine-Readable Visa (MRV) fee, and Border Crossing Card (BCC) fees. The proposed rule also establishes a tiered structure with separate fees for different visa categories.
U.S. Citizenship and Immigration Services (USCIS) announced the intent to end U nonimmigrant interim relief program. The U nonimmigrant interim relief program was created to allow certain crime victims to receive temporary benefits until the regulations governing U visas were published.
U.S. Citizenship and Immigration Services (USCIS) announced new addresses for prospective adoptive parents to submit a Petition to Classify Orphan as an Immediate Relative (Form I 600), and Application for Advance Processing of Orphan Petition (Form I 600A). This filing address change takes effect immediately.
Applicants in the United States who are filing to adopt an orphan must submit Forms I 600, I 600A and all supporting documents and fees to the following addresses:
As of December 15, 2009, approximately 64,200 H-1B cap-subject petitions had been filed. USCIS has approved sufficient H-1B petitions for aliens with advanced degrees to meet the exemption of 20,000 from the fiscal year 2010 cap. Any H-1B petitions filed on behalf of an alien with an advanced degree will now count toward the general H-1B cap of 65,000.
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!