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.
ICE FAQs on the Administration’s August 18, 2011 announcement regarding a new process to ensure that immigration enforcement resources are focused on high priority cases.
The Department has replaced a PERM program Frequently Asked Question (FAQ) regarding the use of an electronic or web-based national professional journal instead of a print journal when conducting recruitment for College and University Teachers as specified under 20 CFR 656.18.
Please check the attachment to read the FAQ.
Dear Friends and Fearfuls! This is the message I posted on my Facebook Page after speaking with Rajiv for the first time. (and before I knew about this opportunity to post comments on his own page.) I felt it was so important to let other people know that there is someone like this who is actually practicing law, much less IMMIGRATION LAW! Hooray for the good guys. One more in the camp. --- FB Message: If anyone you know needs a good immigration attorney, I encourage you to speak with Rajiv Khanna. Riajiv has an on-line blog which is incredibly helpful and a FAQ page that is so informative that I found my self reading pages of it that weren't even related to my questions. I was very struck by his ability to communicate in layman's English and his understanding and compassion for people with problems. When I spoke with him by phone, he shared his philosophy. He said (in essence) "We tried to figure out how much we could give away without it hurting our practice, and we discovered we could give away almost everything." I'm sure this doesn't mean the man works for free--but it does seem his career is motivated by compassion and generosity--TOO RARE in the legal field as we all know. Rajiv has a gift for simplifying the complicated and speaking to the person. In addition, he doesn't "work" on Fridays. Instead, he dedicates one day a week to community service and helping people by phone, answering questions, and trying to find quick solutions. AMAZING! Especially in today's very complex world of immigration. Office phone # 540-886-6321 in Staunton, VA (suburb of DC) Competent, Quick, compassionate, hopeful, follows-through, finds the solution--I am very, very impressed. And last but not least, you come away from speaking with Rajiv feeling smart, not stupid. Also, so rare when it comes to lawyers. Many thanks, Rajiv. Susan
This memorandum provides field guidance to all USCIS employees about their responsibilities regarding the priority processing of Form N-400, Application for Naturalization, when filed by applicants who will soon loose supplemental Security Income(SSI) benefits because they have reached their eligibility time limit.
The Department has posted a new Frequently Asked Question (FAQ) to assist employers and others in understanding how the Service Contract Act (SCA) wages are used by the OFLC in issuing H-2B prevailing wage determinations.
USCIS policy memo on the self-petitioning eligibility of a battered or abused stepparent or adoptive parent of a U.S.C., and the eligibility for VAWA relief after termination of a step-relationship.
Please check the attachment to read USCIS policy memo.
I am working in a Federal Gov't Agency, and in the near future leaving for Frankfurt, Germany, for a conference, and with a plan in mind to fly to USA via Germany after my conference is completed. My question, here, is that whether I can use my US visa, which is valid up to Apr 06/2012, whereas the passport has already expired by last May 23/2011, and due to be replaced by a new one.
You will need an unexpired passport to enter USA. People in your situation carry both the new and the old passports.
Regarding EB-2 application, which is more likely to be approved (or faster), the Master's equivalency (BS graduate to be evaluated in a university to be master's equivalent) OR the 5 years progressive experience? There's only one Occupational Therapist that I know personally who was approved and it was through the Master's equivalency (she didn't even have 5 years experience). Also, would it rely/depend on the employer's capability to support documents or does it also depend on how meticulous the lawyer is with the details to be submitted in the USCIS?
It all begins with the lawyers. So, make sure your counsel are meticulous and plan for every possible eventuality they can think of. The job HAS to be described truthfully.
If somebody is without status in U.S.A can the person apply for investment visa?
Yes, of course. Especially when you are going through a regional investment center.
I have just received my BSN and I'm currently awaiting certification from California. Will actively look for job once certification is approved. Have F-1 visa and just received OPT for a year. Can I qualify for "green card for nurses" after OPT period is over if already in country and having matriculated in the US? Any other recourse for permanency?
You will have several years of wait in the green card process.
Mr. Khanna gives clear, useful advice. I have consulted on the phone twice, and on both occasions was very satisfied and very happy.
U.S. Citizenship and Immigration Services (USCIS) published a final rule in Federal Register that establishes a Transitional Worker (CW) classification for workers in the Commonwealth of the Northern Mariana Islands (CNMI). The CW classification allows employers in the CNMI to hire nonimmigrant workers who are otherwise ineligible to work.
In response to my rather urgent queries submitted online, Mr. Khanna offered me a free phone consultation. He articulated his advice in a manner that provided a clear understanding of the general (ideal) approach to immigration through marriage and then shared his professional opinion on my case in particular. I appreciated his straightforward approach and willingness to share his opinion on cases that warrant the need for legal counsel. I would highly recommend Mr. Khanna to friends and colleagues in need of immigration-related counsel.
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) is seeking public comment on a proposed rule governing the Special Immigrant Juvenile (SIJ) classification.
Currently, certain children present in the United States may be eligible for SIJ status if they are:
Rajiv gave us a very clear picuture of our legal situation for GC and helped us a lot. He is very direct and precise. His firm also gave us documents which was very useful. If someone wants a legal opnion or an attorney Rajiv is the right guy !!
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!