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.
[Federal Register: March 31, 2010 (Volume 75, Number 61)]
[Rules and Regulations]
[Page 15991-15992]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
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Rules and Regulations
Federal Register
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Work Done: H1B/H4 Can people contact me as a reference: Yes This is my 10th year H1B extension and Fran Fisher handled my H1B case. I consider my H1B extension as bit complicated. I had I140 approved notice from my previous employer and the extension was obtained based on this aproved I 140 from my previous employer. H1B extension was filed with premium processing. Because of Fran Fisher's and Mr. Khannas expertise and paper work... there was no RFEs and the petition was approved in 12 days.www.immigration.com is the best.
Hi Prerna/Rajiv, I and my wife wanted to thank you and the team at www.immigration.com for your work towards achieving my Green Card. I appreciate your thoroughness and the fact that you took time out of your busy schedule to answer my questions. Thank you! Regards, Francis
ICE Detention and Removal Operations Director issued a memo to field office directors clarifying the February 22, 2010 memo on removal goals.
Work permits and c9 I-765 application - The center recommends applicants and attorneys to follow the current Pre-Order Instructions which points out that applicants should file the renewed I-485 application with the TSC (Texas Service Center) when the form has been denied and renewed by the IJ. This also holds well when the applicant or attorney submits a new Form I-485 application to the IJ.
I am in USA on a L1A visa. If my H1B is approved, do I need to go to India to get my H1B visa stamped?
have a valid B1/B2 visa.I visited usa( 2 years ago, when I was a student) for tourism.Is it legal to use this visa to enter the usa to have a professional test (foreign pharmacy graduate equivalency examination)?. is there any problem to show this purpose to the officer at the port of entry (in airport)?
As far as I know, this should not be a problem if you are truthful about your intentions.
I am working towards filing under EB-1 green card, currently on H-1B. Is there a certain number of publications in peer reviewed journals, presentations at international meetings that would make the application more likely to go through than not?
Number of publications, impact factor of journals and number of citations - that is what they look at these days.
I am currently in the US on a h1b visa. My I-140 has been approved under eb3 category but looks like it will really take a while for the visa numbers to be current. My brother is a naturalized citizen. Can he file for my green card under family based siblings category? I was told by someone that i cannot file 2 immigrant petitions. Is that true?
You can simultaneously file through as many green card categories as you wish. Check out the backlogs on the visa bulletin.
U.S. Citizenship and Immigration Services (USCIS) today announced that it has published new versions of the Petition to Classify Orphan as an Immediate Relative, Form I-600 and the Application for Advance Processing of Orphan Petition, Form I-600A . The new date on the bottom of both forms is “12/30/09 N.” Due to the changes on the forms, previous versions will no longer be accepted after a 60 day transition period.
Department of Homeland Security (DHS) Secretary Janet Napolitano today announced that the Transportation Security Administration (TSA) will begin implementing new enhanced security measures for all air carriers with international flights to the United States to strengthen the safety and security of all passengers—superseding the emergency measures put in place immediately following the attempted terrorist attack on Dec. 25, 2009.
This explains visa number usage, spillover of visa numbers into other preference categories, and the visa number backlog.
Preference Categories
The primary reasons for entering the immigration process in the U.S. are family and employment-based. To manage this process, family and employment-based immigration is broken into preference categories. Congress sets limits on how many individuals may immigrate to the U.S. each year (i.e. visa numbers) and also sets limits on how many individuals may immigrate within each preference category.
ICE updated its list of Student and Exchange Visitor Program approved schools.
I was approved for an H1B by USCIS There is a new I-160 form, electronic to the previous form. I want to be able to travel to my home country during this working period, but I have to go home to get it stamped. Could I still be denied the visa even though I obtained my H1B?
Grant of H-1 approval by USCIS is absolutely no guarantee that a visa will also be granted.
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!