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.
We have received two interesting B-2 extensions. It has been my view that under certain circumstances B-2 can and should be permitted by USCIS to be used even where the applicant has an immigrant intent or is otherwise staying longer than usual in USA. Apparently, USCIS agrees.
I am Physician turned Business man in Pharmaceutical business feild with outstanding acheivements and almost 8 international and national awards in recognition of my contributions in the feild of business. I live outside of USA and got my EB1 approved in 21days time in Dec 09. I am looking forward to Consular process now. However, it is taking so long and I applied for I-824 now requesting USCIS to forward the copy of EB1 Approvals to NVC for consular processing. I would like to know how long it might take for me to obtain my Green Card and start living in the United States.
Typically, anywhere from 5-6 months to a year.
Is there any rule that necessitates an EB1 Green Card holder to stay for a certain number of days in the USA every year? I travel frequently to various parts of the world for concerts or professional business. Will this impact on my Green Card status in anyway? I still file my taxes in the USA though.
All green card holders are required to make USA their permanent home. Otherwise, their green card can be taken away. Look into the option of reentry permit.
The Executive Office for Immigration Review (EOIR) announced that it has completed the installation of its Digital Audio Recording (DAR) system in all of its courtrooms, four weeks ahead of schedule. The DAR system is a state-of-theart recording tool designed to achieve a better quality and more easily accessible recording of immigration court hearings.
Hello, My interactions with the Law offices of Rajiv S Khanna started in Aug 2004 when I first applied for my H1 visa. Ever since, I have reached out to Mr. Khanna, Mr. Chacko and other support personnel (Ms. Mehta, Ms.Bhasin, Ms.Baker) for all my immigration related needs. This group of professionals is the best you can ever hope to find to help you navigate the complex and painfully slow immigration process. Rajiv and his team form a tremendous body of knowledge and the beauty of this group is that they provide their expertise as a 'service'. It is true that the law firm charges fees for processing ones case, but the amounts charged are far less than what one would have to pay elsewhere for service that is typically not on par. Mr. Khanna himself has called me on numerous occasions to clarify a question or seek more specific detail....it amazes me that the seniormost attorney in the firm takes time to do this and that too without charging a single dime for a personal call. My wife and I used Rajiv's offices to handle our Green Card application. The process was lengthy and stretched over 6 years from start to finish. I'm glad to report that the GC was granted. Without Rajiv's group supporting this would have been a nightmare. The team that handled my case did their work in the most professional manner possible. I got prompt replies to my emails, voice messages and on occasion even emails and calls over the weekend. I have probably inundated mailboxes with questions and counter arguments...never once have I been discouraged from asking questions nor have I not gotten a clear and definitive answer for my queries. Over the green card process, Rajiv's group renewed my Advance Paroloe and Employment applications (for my wife and I) three times. They have never sent me a bill for this, stating clearly that this falls within the overall green card application process. In my comments above, I emphasize on many occasion the financial matters related with this firm. It is also important to highlight the humane treatment you are accorded by everyone I worked with. The support staff and attorneys clearly understand the emotional stress involved in the immigration process and they treat you with respect and dignity. I have referred many friends of mine to Rajiv's office and they all state similar commendable experience. In short, I am glad I found this group of brilliant immigration attorneys and support personnel. I'm glad they were on my side and helped me win permanent residency. I can state without any hesitation that you will not be disappointed if you choose Rajiv's group to represent you. The level of service and support you will receive from the Law offices of Rajiv S Khanna will be far more than what you ever dream about. Many thanks to everyone at Rajiv's office for all the hard work. If there is anything I can every do in return please let me know....
I am a US Citizen and I want to apply for my wife. Been married for 9 years. She comes and visits me on her visa waiver from NZ. What papers do I need to apply for her and how long would it take? Would it be quick and easy to apply for her while she is here on her visa waiver?
I have a 5 year multivisa. I visited US for two weeks 4 month ago. Now my friends invite me to stay longer than 2 weeks (2-3 months) and I dont have a job now. Can you please advice how long can I stay in US with this visa?
The duration of the stay will be determined by the CBP when you land in USA.
Very knowledgeable and profession Service
I got my physical Green Card today. It has been a long 4-5 years and I must say that it could have NOT been possible without the constant support, guidance, diligent and patient hard work put in by Mr. Rajiv S Khanna and his stellar team of Mathew Chacko, Prerna Mehta, Richa Narang and others who I have interacted with in the past and are probably no longer with the law firm. This team was always a step ahead, instantaneous in answering ANY questions whatsoever. I have even spoken to Mr Rajiv himself at one occasion since I was really concerned about some issues and even though being extremely busy was very nice in giving me a phone appointment the very next day. He, along with his team were very courteous, non judgemental and above all very humble in their approach and conversation. I could NOT have been able to get through with this entire process without them. I did not receive any RFE, everything was done in time and with utmost precision. Once again Many thanks from the bottom of my heart. Neeraj
On August 13, 2010, President Obama signed into law Public Law 111-230. The new law contains provisions that require petitioners to pay an additional $2,000 for certain H-1B petitions and an additional $2,250 for certain L-1 petitions. To begin public outreach on this legislation, USCIS held a teleconference on August 19, 2010 to share how USCIS will implement it.
We had a Labor certification case filed for an IT professional. The requirements were Bachelor's degree and 5 years of experience. We filed I-140 under EB-2 category. After approximately 8 months, USCIS sent us an RFE saying Bachelor's plus five years would not qualify under EB2 unless the experience required is progressive in nature. We knew that USCIS was wrong under the circumstances of the case, but an argument with the government was unnecessary because the EB-3 priority dates were then current.
GC approved while in India. The question is how to get back especially since not doing old job (Job where GC was filed). Mr. Khanna was very helpful and told me how to proceed. I will update this post once I am in USA
My GC approved last week. My previous GC application filed by different attorney got rejected in 2005, and then I've contacted Rajiv for guidance in our case. On Rajiv's advise we started the new GC process. Labor approved in 7 days and I-140 in 21 days. All this because of Rajiv and his team’s exceptional service, dedication and knowledge. Big thanks to Rajiv Khanna!! Rajiv is a nice person and his advice through phone calls and emails helped us in resolving the issues. I would like to specially thank Matthew, Amrita, Bharathi, and Prerna for helping me to resolve issue and prompt in responding to emails. I would strongly recommend Law offices of Rajiv Khanna to anyone in the future who requires immigration assistance.
Kudos to the Immigration.com folks for delivering one of the most efficient and professional experiences I've ever had the pleasure to receive from a law firm. From day one, they knew what needed to be done and guided me without [b]condescension[/b] or hassle to get things done in the most effective way, and for a very reasonable cost. I would not hesitate to engage them again for H-1 Visa processing.
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!