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.
USCIS posted an updated edition of Form I-864P, Poverty Guidelines, to their website. The new edition is dated 03/01/16, and previous editions should not be used.
Just received the Oath letter (can't believe that it came so fast).
Thanks a lot Mr. Khanna and Team for helping us with my mothers permanent residency application process. You guys are extremely helpful, diligent and professional. Mr. Khanna with his legal team helped in every step of the process of the permanent residency application. They helped prepare all the legal documents with all the relevant evidence and the case was approved without any hitches. I and my mother are extremely grateful for their help and we would definitely recommend your services to other friends and family in the future.
U.S. Citizenship and Immigration Services (USCIS) is now accepting applications for two funding opportunities under the Citizenship and Integration Grant Program. These are competitive grant opportunities for organizations that prepare permanent residents for naturalization and promote civic integration through increased knowledge of English, U.S. history and civics. The two programs will provide up to $10 million in grants for citizenship preparation programs in communities across the country. Applications are due by April 22.
My wife has H-4 plus EAD. If my job details changes, will my wife's EAD will be affected?
As long as appropriate H-1 amendments are filed and you maintain status, the change in your job description has no effect on the H-4 EAD.
Using an existing approved I-140, can a H-1B be renewed any number of times, with new/multiple different employers, even without restarting any paperwork for GC with the new employer?
Yes, as long as the I-140 is not revoked.
USCIS recently began transferring certain cases from the Vermont Service Center to the Texas Service Center to balance workloads. The affected casework includes Form I-765, Application for Employment Authorization, filed by an asylum applicant with a pending asylum application filed on or after January 4, 1995. The eligibility category for the application is (c)(8).
How You Will Be Affected If USCIS Transfers Your Case
Mr. Khanna was awesome. He is our corporate attorney for Immigration needs, and his knowledge in various situations and addressing all your queries are awesome. All in his team, Diane, Fran, Heather are very knowledgeable and very good in all documentation process. Mr. Khanna advised my case of H1B GC processing in EB1C since I was a manager in the overseas entity, he provided right guidance and set clear expectations on the possible outcomes, and handed the situation very nicely. Diane, who was handling my case, excellent in followups, you don't need to ask anything, all the SR / queries were handled by Diane without me asking it. Very impressive. thank you Mr. Khanna , Diane, and team for your excellent role.
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The U.S. Department of Homeland Security (DHS) will publish a final rule Friday, March 11, 2016, to strengthen and enhance the Optional Practical Training (OPT) program for international students in science, technology, engineering and mathematics (STEM) fields.
On February 26, 2015, USCIS hosted a teleconference about new regulatory changes, effective May 26, 2015, that extended eligibility for employment authorization to certain H-4 dependent spouses of certain H-1B nonimmigrants wh
The new rule regulating the Optional Practical Training (OPT) program for F-1 students with degrees in science, technology, engineering, or mathematics (STEM), becomes effective on May 10, 2016.
The Department of Homeland Security (DHS) proposes to amend F-1 nonimmigrant student visa regulations on optional practical training (OPT) for certain students with degrees in science, technology, engineering, or mathematics (STEM) from U.S. institutions of higher education. Specifically, the proposal would allow such F-1 STEM students who have elected to pursue 12 months of OPT in the United States to extend the OPT period by 24 months (STEM OPT extension). This 24-month extension would effectively replace the 17-month STEM OPT extension currently available to certain STEM students.
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!