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.
I'd like to thank Law Offices of Rajiv S. Khanna, for all the assistance with my case. The whole GC process through your offices was a real pleasant experience. As I am mentioning below, it took USCIS 6 years to adjudicate this case, when it was transferred from my former company, but it was possible only because of prompt intervention from your side and finding the correct resolution for this problem. I couldn't say that it happened by itself - it was truly a collaborative effort between Mr. Khanna and all other people of Law Offices of R.S.Khanna, my current company, my former employer, and last but not least, support from my family. Unfortunately, it showed how inefficient the government could be in certain aspects, and only diligence and persistence turned this into a success.
There was a complex RFE for I-485 AOS based on employment 2 years ago, which involved a H1-b denial of extension for former employer, handling status during that period, new H1-b, and travel to home country for visa stamping.
I’d like to thank Mathew Chacko for handling my case and all aspects of it.
I'd like to mention the diligence of Bharathi for answering to my emails almost instantenousely.
I'd like to thank Mr. Iqbal for stepping in and making sure about timely communication with USCIS NSC.
I'd like to thank Leslie and Prernaji for helping with other matters.
If you need your complex case done right, don’t hesitate to contact Mr. Khanna and his wonderful team.
WASHINGTON—Secretary of Homeland Security Janet Napolitano has re-designated Somalia for Temporary Protected Status (TPS) and has extended the existing TPS designation for Somalia from Sept. 18, 2012 through March 17, 2014, allowing eligible nationals of Somalia to register or re-register for TPS in accordance with the Federal Register notice.
According to DOL updates as of 4/2/2012, they are working on PERM application filed in the following months:
Analyst Reviews: January 2012
Audits: September 2011
Reconsideration Requests to the CO: March 2011
Appointment: 9:40am
Arrived around 9:15am, there were about 50people in the waiting area, checked in with the receptionist, and sat down for my interview. 30mins, 45mins, 60mins, 90MINS went by still no one called my name. Finally someone around 11am called me, so walked all the way down to the other end of the hallway.
After the formalities, I was asked if I had brought anything that I hadn't already submitted, I handed him proof of selective service registration.
I was asked the following questions:
Just wanted to share my timeline and some lessons learned. The whole process took a little over 6 months and now I'm a citizen of the United States of America.
Final Timeline:
We had great advice from Mr. Rajiv, in a few minutes he would provide a precise answer for our questions . Thank you very much.
Alexandria Bay, N.Y. – U.S. Customs and Border Protection (CBP) Field Operations today announced the opening of the Cape Vincent port of entry. Cape Vincent is a seasonal port and will be open from May 1 until Oct. 31. The CBP hours of operation are 8 a.m. until 8 p.m.
You can use Immigration.Com "Advanced Search" feature to locate information more intelligently than just through a "word match," a literal search. Note that we are FOREVER working to get this better and better. So, each time you visit, you may find new items and improvement.
Using "Advanced Search" on Immigration.Com
Hello, everyone. This is Rajiv S. Khanna for immigration.com, the Law Offices of Rajiv S. Khanna, P.C.
I wanted to show you the “Advanced Search” feature on immigration.com. I enjoy it because it does focus your search considerably. We have a lot of information. It can be hard to parse through the information.
Every day we do something new and try to get better and better and better. I still have a lot of work to do on the website. The team has a lot of work to do on the website. But we have enough information at least to get you going and keep you in the right direction.
Let me start with the “Advanced Search” feature.
If you press on the “Search” button with nothing in it, just search. It brings you to this button, where you have “Advanced Search.” So you go into “Advanced Search.” The top portion is “Search,” but the bottom portion is “Advanced Search.” Click on “Advanced Search.”
You can search by putting in a search term which contains any of the words, contains a specific phrase, for example, “Adjustment of Status”--that phrase should be there; or containing none of the words. Some words you may not want.
I particularly like the fact that you can search in particular categories. These are categories, which are like tags. When you have tags, like a tag cloud. So these categories that are much more specific. And then, on top of that, you have types. There are content types. For example, let’s say I want to know if there’s a Community Story—you know, people’s experience. We tried to data mine some of these from our own forums.
If there’s a particular Community Story for citizenship. Find and click on the category, “Citizenship” under “Citizenship and Naturalization.” I know what specific story we’re looking for. Let’s put in the word “Detroit.” So I want somebody’s Community Story of what happened during Citizenship/Naturalization in Detroit.
And, after that, when I hit the “Advanced Search” button, I’m led right to the story, “Interview in Detroit.” This is somebody’s story about what happened in Detroit.
Another neat thing that we have is that, if you look at the bottom, we have these tags dimmed. The reason they are dimmed is because I’m not quite happy with the way we have cross-referenced information. But this is just the beginning. I’ve been doing this for the last several years. I’m still not happy, and we’re going to do more, a lot more, making information easily accessible to all of you.
So, let’s look at this. If I click on one of these tags, it will actually bring up the content, all the content, that has been tagged with that particular tag. So, if you look at this, all the particular content that has been tagged. If I look at any content. Let’s say, for example, if I go to “H-1.” I click on “Work Visa,” I go to “H Visa,” and I go to “H Visas for Nurses,” for example. If there’s any tags at the bottom of this and there should be. There’s not going to be a lot of information, but whatever information that we have will be all there for you. Every piece of information that was tagged with that came up.
So, I think this should help you find your way around immigration.com. And I love doing this, and I thank you for being here.
I am not just happy with the way the law firm of Atty. Rajiv took care of my case. I am more than satisfied that no adjective is deserving enough to describe the way they handled an impossible case like mine. After countless denials that I have received from my previous lawyers, I only got approvals from Atty. Rajiv. My family and I are just waiting for our greencards, which might come before the end of this year. This law firm deserves more than what they ask for their fees. And no monetary compensation could ever pay nor match the excellent job they have done for me. They saved my children's future, the primary reason why I want to be in America. Thank you very much from the bottom of my heart! :)
To read the CRS report on US Immigration Policy on Permanent Admissions, please check the attachment.
We have recently received an EB2 approval for a Physical Therapist. EB2 classification has become especially important now that EB3 category cases for severely backlogged countries are delayed so much. The good news with PT’s is that they do not have to go through the PERM process. But the bad news is that USCIS seems to question whether or not truly a Master’s degree or BS+5 years level job is being offered. The I-140 approval took 1.5 months in regular processing.
As always, Mr.Khanna is very helpful and to the point. Very satisfied with his way of handling issues.
On April 26, 2012, the Temporary Non-agricultural Employment of H-2B Aliens in the United States, Final Rule, 77 FR 10038, Feb. 21, 2012 was preliminarily enjoined by the U.S. District Court for Northern District of Florida, Pensacola Division in Bayou Lawn & Landscape Services, et al. v. Hilda L. Solis, et al., 12-cv-00183-RV-CJK, and was never implemented.
(Tuesday, May 08, 2012)
Washington— U.S. Customs and Border Protection (CBP) and the Canada Border Services Agency (CBSA) announced today they are delivering on key commitments under the U.S.-Canada Beyond the Border Action Plan for Perimeter Security and Economic Competiveness—increasing benefits to NEXUS members, streamlining the NEXUS membership renewal process and launching a plan to increase NEXUS membership. ( NEXUS Program )
Currently on my third year of H1B visa. If my sibling were to begin a family based F4 GC petition for me now, and the priority date is 12 years away, is there any way for me to continue to stay in the US until the GC is approved after I have used up my 6 years maximum of H1B? Are there any extensions possible based on the pending GC application? Or do I have to go back to India after the 6 years of H1B and wait there until the GC is approved?
Also, I should add that the above scenario is assuming that I don't have an employer-sponsored GC petition.
Unfortunately, the law does not permit you to wait the 12 years in USA just because you have a GC pending. No H-1B extensions are available on this basis. You will have to wait outside USA. Of course, you can come back on H-1 once you have reset the time by staying outside for one year. By the way, it is permissible for a person to apply for green cards through multiple categories simultaneously.
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!