USCIS Forms Update Notice
USCIS recently updated the following USCIS form(s):
USCIS recently updated the following USCIS form(s):
Release Date
Eligible Hong Kong Residents May Apply for EADs and Travel Authorization
Release Date
U.S. Citizenship and Immigration Services is issuing updated and comprehensive guidance in the USCIS Policy Manual on adjudicating applications for T nonimmigrant status (or T visas) submitted by victims of human trafficking, including clarifying how applicants establish eligibility.
As part of the credit card payment pilot program, the Vermont Service Center is now accepting credit card payments using Form G-1450, Authorization for Credit Card Transactions, for petitioners filing Form I-129, Petition for a Nonimmigrant Worker, for O and P nonimmigrants.
My parents have been here on visitor's visas since the beginning of August. If they are here for the entire six months, can they come back again within six months of leaving the U.S.?
The CBP (Customs and Border Protection) may find this pattern an unacceptable use of the visitor's visa. Generalizing for the sake of making a point, if in any twelve months your parents have spent more than six months in the United States, the CBP can hold that it appears your parents are living in the United States and visiting their home country instead of the other way around. More...
Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
Q: 1.Can I run my second W2 on my own company? Keeping my primary W2 with the same employer who filed the GC?
2.If I start a business on GC-EAD, if they call for a GC interview what type of question do they ask related to business?
3.If I-485 is denied, can we come back to H-1B again and do we have to refile I-485 again?
Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
Was just wondering if there could be any issues with my prospective PERM application if I am living and working remotely in Minneapolis (consistent with my H-1Blocation) and my employer in Dallas files the PERM application using Dallas as the work location. I am open to eventually relocating to Dallas, so just wondering if this could cause any delays or RFEs for the PERM. Do you think it would be a better option to file an H-1B amendment with Dallas as the work location, and then go through with the PERM or it doesn't matter?
It is not a problem as long as these two scenarios are followed. First of all you could be working in location X and the PERM is filed for location Y as long as you have the intention to join the location Y you can file even though you are currently working at location X.
The interesting thing is once the I-485 is filed and the I-140 is approved after 180 days of the I-485 you can choose to be wherever you want to be because you are allowed to port your green card. The only requirement is when you start the PERM. File the I-140 and the I- 485. Your intention throughout was to work at location Y but after 180 days if the intention changes it is absolutely no problem.
The second scenario which is very common is when you have consulting jobs and you could be moving from a month to a year with no predictability where you are going to be, it is normally recommended and legally allowed to file the PERM application as though your job is located in the corporate headquarters or principal place of business. More...
Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
Q: 1. If the Priority date is current in EB-3 then my I-140 and I-485 can be filed EB3 (Lower it) but you said that after EB-3 will come then I should file I-140 in EB-2. Not sure about the whole concept, if possible can you elaborate in more detail?
2. Can I-140 be filed in EB-2 and EB-3 together? Or I-140 can be filed in EB-3 first once it gets approval in EB-3 and then need to file in EB-2 or vice versa.
3. My company attorney told me that once I downgrade to EB3 then I can't upgrade to EB2.
A: 1. You can always downgrade if you start your case in a higher category, but if you file your case in the lower category it's not possible to upgrade without refiling.
2. The answer is yes, although I like to do it separately for several reasons, most of all to avoid confusion, but now the government is well aware of these downgrades and I think you could file both of them together as two separate filings.
3. They must be saying something different as that is not true. If your PERM was filed as an EB-2 and I-140 was approved as an EB-3 you can always go back to EB-2 by filing another I-140 under EB-2. More...
Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
I am here on an H-1B and I am looking at quitting my job very soon to leave the country. I am aware there is no grace period for quitting on an H-1B and I don't have a choice but to work till the last day. I do however have a tourist visa that is valid until 2016. Can I quit my job earlier and still stay a week on the account of the tourist visa to pack up and leave; or would the tourist visa have to be activated only be re-entering?
It has to be "activated." Note that under the circumstances reentry and hence "reactivation" is likely to be difficult.
I had to share this, an email from Diane, a member of our team yesterday:
The PERM Processing Times has been updated. Please click the link below to view the times.
http://www.immigration.com/PERM-processing-dates/perm-processing-times-11062013
The Patient Protection and Affordable Care Act (ACA), Pub. L. No. 111-148, 124 Stat. 224, and the Social Security Act (SSA) require that individuals seeking coverage under a qualified health plan offered on a Health Insurance Marketplace or through an insurance affordability program (i.e., premium tax credits, cost sharing reductions, Medicaid, Children’s Health Insurance Program, or Basic Health Program) provide information regarding their immigration status and certain information about their household members to determine eligibility for such coverage. This memorandum sets forth U.S.
If a foreign national in the United States who has been affected by civil unrest, a severe natural disaster or other extreme situation in your home country, the available options for which one may apply include:
OFLC appreciates the challenges the regulated community has experienced as a result of the lapse in appropriations, which resulted in the cessation of the operation of OFLC's electronic systems, and further resulted in a backlog of documents submitted to OFLC during that period by mail, hand-delivery, or email.
Mr. Khanna is the best in the Business (if you don’t agree with me, he is certainly one of the Best). His law firm is handling both my H1-B and Green Card, and my experience has always been really really very very good. Mr. Khanna has a very good team but when crises arise or there is confusion in the application process he will directly get involved – this means a lot - as the best and brightest person in us immigration arena is dealing your case. I very highly recommend his law firm.
The “Pending Employment-Based Form I-485 Report,” displays the total number of pending adjustment of status applications, per preference classification. The report shows how many pending adjustment of status (green card) applications in each preference classification have priority dates in a given month and year.
1. What is the Foreign Labor Certification Process?
2. How long will the employment-based visa process take?
3. Are there any employment-based immigration fees?
4. How do I find out the status of my permanent case?
1. The actual process for the Foreign Labor Certification varies depending upon the program being used. This http://www.foreignlaborcert.doleta.gov website contains information regarding the process for filing for each of the programs under the Department of Labor's (DOL) jurisdiction.
Thanks Mr Rajiv Khanna for providing us guidance regarding travel on AP while being on H1-B. We are really looking forward to our India trip soon.
Rajiv Khanna answered straight to the point and his answers are really helpful to me for better processing of my case.
I saw my I-485 Denial notice after a week, It is a panicking situation. I changed my employer for permanent position, and my I-140 was cancelled by my old employer. I did not file my AC21, Lesson learnt is, talk to a good attorney rather than asking friends and well wishers. There I choose Rajiv Khanna, we got 30 days to appeal after denial, answered all my questions, It was 180 days passed after I-485 applied, It is not a correct decision from USCIS.
My case, Motion to reopen (MTR) received to USCIS in 10 days from Rajiv Khanna's office. Do i need to say, He is the best and have a good team to support and help me out in a short time.
Guess what, my case was re-opened and I got my Green card in 2 months. I am waiting for my Family MTR and GC. It is time to thank Rajiv Ji , Kunal Ji and Team . I really appreciate for all the work you did in my difficult situation. Thank you.
WASHINGTON—Acting Secretary of Homeland Security Rand Beers has extended Temporary Protected Status (TPS) for eligible nationals of Somalia for an additional 18 months, effective March 18, 2014, through Sept. 17, 2015.
[Federal Register Volume 78, Number 215 (Wednesday, November 6, 2013)]
[Rules and Regulations]
[Pages 66813-66815]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-26590]
[[Page 66813]]
Vol. 78
Wednesday,
No. 215
November 6, 2013
Part II Department of State
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22 CFR Part 41
Number 63
Volume IX
Washington, D.C.
A. STATUTORY NUMBERS
We are very thankful for Rajiv Khanna and team for handling my tough H1B renewal case. This was my 4th Extension that was denied before we approached Mr. Khanna to take over the case. Ms. Kalpana Panuganti was very thorough with case details and responded to any of our queries promptly. We were updated on our case in a very transparent manner and Kalpana always responded to emails/calls immediately while working on RFE response. Their insight and attention to detail in regards to our case was commendable. We would highly recommend Law Office of Rajiv S. Khanna PC for any immigration related matter.