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.
Release Date
Public will have access to immediate, clear answers on case processing times
Published by: Gadgets Now by TOI: May 06, 2022
Quotes and Excerpts from Rajiv in the article:
However, immigration lawyers pointed out that this would be useful only for as long as your status was valid. "For most of the H-4 holders who file for these extensions, their status is expiring at the same time as their EAD, and they would not benefit from this," said Rajiv S Khanna, Managing Partner at immigration.com.
For more on this news please see the attachment.
Number 66
Volume X
Washington, D.C
A. STATUTORY NUMBERS
This bulletin summarizes the availability of immigrant numbers during June for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.
Processing Queue | Priority Date |
---|---|
Analyst Review | October 2021 |
Audit Review | August 2021 |
Reconsideration Request to the CO | December 2021 |
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
YouTube: http://www.youtube.com/immigrationdotcom
Immigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
We are grateful to Mr.Rajiv Khanna ji , Kalpana ji and the team that worked on our son's fiancée's K-1 Visa .
The support and guidance through the process was very professional. They worked directly with my son and his fiancée who joins him next week as she received her Visa successfully. They were gracious enough to work with us patiently and help us through our mistakes while giving them the required information to file his case.
We would recommend them to anyone who needs help with Immigration. They are definitely experts and they work with you on your issues and the end result is a positive one. Our experience working with them was very pleasant and positive.
Thank you Rajivji and Kalpanaji
The attorneys were very patient and helpful throughout my K-1 visa journey right from the start of filling forms, gathering evidence of relationship till the visa interview. The whole process took more than 15 months because of COVID. Mr. Rajiv Khanna and Ms. Kalpana Panuganti answered all my queries and gave me confidence throughout the journey. The wait was worth it at the end and it wouldn’t have gone as smoothly without the guidance of this firm! Thank you for patiently guiding us through it all!
Please see the attached graphic for O-1A visas for people who possess extraordinary ability in the
You can right-click and open the image in a new tab on your browser.
Hello Sir, I was in usa on j1 till recently and am in india going for h4 visa interview for the first time in June based on my spouse h1 (she has valid i797 and expired visa). She is now traveling to india next week due to family related issues and has to book visa dropbox slot and got one in October. Can I attend the interview in June while she is in india and waiting for her visa dropbox slot which is in October? Thank you very much.
I am not aware of any law that prohibits attending H-4 visa stamping before H-1 visa stamping. Your spouse has an H-1B approval. But the consulate can ask you to wait till the H-1B visa approval. Email the consulate to check how they would want you to approach this.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
I have an approved I-797 from my current employer. I am currently in India with a H1B Visa expired in 2018 (I travelled to US in Feb '17 and stayed till June '17) from my previous employer. While scheduling an appointment for a visa interview for me, my wife and my 2 year old toddler, it was shown that we are eligible for VISA interview waiver. My wife has an Expired H4 VISA in 2018, so she was also eligible for dropbox. My question is, will my toddler have any problem with getting a H4 since he doesn't have any VISA stamped in his passport, if we schedule the same dropbox date as neither me nor my wife has a valid VISA? should I book my appointment first and after I get my VISA should I book one for my wife and toddler ? Please advise as I do not want to risk a H4 rejection for my toddler
Check the website of the US consulate where you're going for the procedures. To the best of my remembrance, children under 14 are not required to be interviewed.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Hi Sir, I have the H1B Extension approved and its valid till 03/2025. However, the H4 extension is still pending for my wife and son. I heard, even though the H4 extension is pending and H1 Extension is approved, dependents can get the stamping by referring to H1 Extension approval. Could you please clarify and if this is fine; let me know the process. Note: For personal reasons; my Wife and Son need to travel to India in June and they are planning to come back in October (Current stamping is valid 22nd Oct 2022)
H-4 visa stamping does not require any H-4 approval from the USCIS. The H-4 visa is approved based upon the H-1B approval.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
USCIS recently updated the following form:
Form I-907, Request for Premium Processing Service
05/31/2022 10:01 AM EDT
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!