PERM Processing Times (as of 4/30/2017)
Discussion Topics, Thursday, 18 May 2017:
FAQ: Is it legal to work for a foreign based company in the USA? || Changing employers after I-140 approval; impact on H-1, green card, H-4 EAD, etc. || Physicians (FMG) NIW, AC21 portability, teaching to clinical position || Impact of a misdemeanor under Trump EO || Extending H-1/H-4EAD; working while extension pending || Filing green card through multiple categories or employers and/or family simultaneously || Activities permitted under H-4 EAD.
Other: Losing H-4 status when using EAD under I-485 || Can a child enroll in school under G-4 visa? || Acquiring Canadian nationality || Changing H-1 visa after changing employers during 60 days grace period|| H-1B changing employers while transfer or extension is pending || Taking a 6-month break on H-1, H-1 quota || L-1 to F-1 change of status || Adoption under US laws || Getting paid on 1099 || H-1B amendment when company acquired, etc.
My wife has received her L-2 visa. She plans to continue with her US branch of her India employer once she lands in the US and gets her EAD. However for the period while she is US waiting for her EAD to come in, can she continue to be employed with her employer in India and keep receiving paychecks in India, while technically not working for any US based employer prior to getting her EAD?
Watch the Video on this FAQ: Is it legal to work for a foreign-based company in the USA?
Video Transcript:
Note: 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.
Consult with Rajiv S. Khanna/Other Attorneys
Visitor |
Student |
Work |
Green Card |
Citizen |
B-1 | F-1 | H-1B | Employment Based | |
B-2 | J-1 | L-1 |
Thank you Mr.Khanna and Team for helping me out with my questions on my status after getting laid off from the company when my GC was pending. He was very patient and answered all my questions. He also advised me on what not to do and what can I do in my situation. This was a big stress relief.
Okay. Thanks for the reply. Money was never an issue here. You can not get the babysitting at 5/6 AM as the travel from home to downtown is involved. Anway... I wanted to provide my experience to help others in similar situations.
I was referred to Rajiv Khanna's law firm by a friend. I filed and recently got my marriage-based green card through him. I had talked to one lawyer before Rajiv ji and consulted with Rajiv ji for a second opinion. Rajiv ji went beyond my list of questions and provided information and suggestions that I wasn't looking for and didn't even know existed (They say "You don't know what you don't know" for a reason). He was confident, kind, and professional. He even gave me an emergency appointment on a Friday morning when I was just an hour away from the airport, rushing to get on the flight back home to another country. When I was hesitant to take his advice, he said "If my daughter was in your place, I would have given her the same advice." I hung on to those words, stayed back in the country, got married, his firm filed my paperwork in time and I got my GC within 2 weeks of the interview. If it wasn't for Rajiv ji's firm and timely advice, I can't imagine how this immigration process would have turned out for me. I'm thankful to Heather Riddick for staying on top of things and being accessible to answer questions. Rajiv ji, you are doing a great job! May God bless you with a long and healthy life so you may continue to help many more people.
The Administrative Appeals Office (AAO) of U.S. Citizenship and Immigration Services (USCIS) has launched a search tool for most non-precedent decisions since 2005.
Non-precedent decisions apply existing law and policy to the facts of an individual case. The decisions are binding on the parties to the case, but do not apply new or alternative interpretations of law or policy.
My amendment has been filed by my company in Aug15 but not approved yet. Now I want to travel to India in month of April & get back in same month . after coming back H1B extension will be filed by company.
My question is can they create any problem on my return since my visa is about to expire in June 2016 & amendment is not approved yet.
Note: 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.
My Spouse is on H-4 and has a Valid H-4 stamped till Jan 16 2017. I am planning to apply H-1 for my Spouse through an Employer this year. Is it advisable to travel to India while her H-1B is in Process? What will be the implications if she travels to India?
Note: 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 currently on H-1B(Valid till Sep 2018) with approved I-140 for Company A and spouse has H-4 EAD (valid till Sep 2018). My question is, if I switch my job to a company B. Can my spouse continue working with the current H-4 EAD (which is valid till sep 2018)?Will it cause any issue during next H-4/EAD extension?
Note: 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.
U.S. Citizenship and Immigration Services (USCIS) has reached the congressionally mandated H-1B cap for fiscal year (FY) 2017. USCIS has also received more than the limit of 20,000 H-1B petitions filed under the U.S. advanced degree exemption.
USCIS will use a computer-generated process, also known as the lottery, to randomly select the petitions needed to meet the caps of 65,000 visas for the general category and 20,000 for the advanced degree exemption.
Topics for Discussion, Thursday, 7 April 2016:
FAQ: Gaps in immigration status; Getting married when AOS I-485 is pending (following to join and other options); Name variation in diploma or degree, name change for immigration
Other: STEM OPT extension; H-1 approval quota exemption without visa stamping or working; I-94 for visitors B-1/B-2 visa; H-1 quota issues in converting from H-1 to H-4 then back to H-1; OPT sent incorrect/wrong fees; OPT if out of status; Revocation of I-140 and AC21 for a slightly different job (to Systems Analyst, from Software Developer); Unlawful presence consequences; Recouping time on OPT EAD lost because of USCIS processing delay; Travel while second RFE on I-485 is pending; I-751 delay; USCIS delays; Options upon receiving NOIR on I-140; EB-3 and H-1 from nonprofit to for-profit company – H-1 quota and EB-2 issues; Impact of I-140 withdrawal/revocation on H-4 EAD; etc.
Form Number |
Case Type |
Time |
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U.S. Citizenship and Immigration Services (USCIS) announced on April 7, 2016, that it has received enough H-1B petitions to reach the statutory cap of 65,000 visas for fiscal year (FY) 2017. USCIS has also received more than the limit of 20,000 H-1B petitions filed under the advanced degree exemption, also known as the master’s cap.
On April 13, 2016, USCIS revised Form N-400, Application for Naturalization. The revised version is available at uscis.gov/n-400. You may continue to use the 9/13/13 edition of the form until August 9, 2016. USCIS will reject and return previous versions of Form N-400 submitted on or after August 10, 2016.
Applications for USCIS’ Citizenship and Integration Grant Program for fiscal year 2016 are due by 11:59 p.m. Eastern time on
The Department of State’s Visa Bulletin for May 2016 reflects a final action date of January 1, 2010, for EB-4 visas for special immigrants from El Salvador, Guatemala and Honduras.
Wanted to share my Special thanks to Rajiv Khanna and Diane Lombardo for their continuous support in the last 2 years , They have helped to file all my visa applications effectively , cleared all the queries on time , provided appropriate guidance at every critical moment and helped me to achieve 100% success rate in my Visas. Working with them was a wonderful experience.