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 |
Secretary of Homeland Security John F. Kelly has extended Temporary Protected Status (TPS) for eligible nationals of Haiti (and eligible individuals without nationality who last habitually resided in Haiti) through Jan. 22, 2018. After consulting with the appropriate U.S. government agencies and reviewing country conditions, Secretary Kelly has determined that a limited, six-month extension is warranted.
As of May 25, 2017, USCIS has received a sufficient number of petitions to reach the maximum possible numerical limit (the “cap”) of workers who may be issued CNMI-Only Transitional Worker (CW-1) visas or otherwise provided with CW-1 status for fiscal year (FY) 2018. Although the FY 2018 cap has not been set, it is required by statute to be less than the 12,998 workers set for FY 2017.
Do the 3 years spent in residency training in an HPSA/MUA area be counted towards the five years required for NIW? The residency training (3 years) and subsequent job (2 years) were on H1B visa in two different HPSA/MUA areas but not processed through NIW route. Can the NIW petition be filed now retrospectively for those years already worked in underserved areas? My current GC sponsoring job is in a University teaching hospital (job designation Assistant Professor) but obviously also involves treating patients. The PERM prevailing wage category was teacher/ Professor but job description included patient care. Can the job be changed to that involving only patient care (no teaching) and still be considered same/ similar? How about a job (with patient care only & no teaching) in a private practice (as opposed to hospital employee)?
Watch the Video on this FAQ: Physicians (FMG) NIW, AC21 portability, Teaching to clinical position
Video Transcription
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 would like to know is there anything change in recent EO's that prevent one get Green Card or USC when a person issued a SuperSpeeder ticket. Is this considered a misdemeanor?
Watch the Video on this FAQ: Impact of a misdemeanor under Trump EO
Video Transcript
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1. Can we file multiple green cards together? If yes what will be the side effect? <br>
2. My company filed my green card in EB-2 category and I-140 is approved with priority date 2013. I want to give a try with EB1 category personally if I will try in EB-1 and let’s say it is not approved, then will it affect my EB-2 green card?<br>
3. Should job description match in EB-1 and EB-2?<br>
4. What may all possible issues occur?
Video Transcript
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1. Can an H-4 EAD person open a small business like ice cream shop as part time?
<br>
2. Also can h1b spouse support the maintenance of the business without taking any remuneration. Is it legal and allowed?
Watch the Video for this FAQ: Activities permitted under H-4 EAD
Video Transcript
1. With a H-4 EAD, you can do anything you like. You can work, you can choose not work, you can start your own business, you can work three hours a day, you can work ten hours a day, you can work eighteen hours a day.
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 a US citizen. My parents (father 72 y and mother 65y) have a valid multiple entry visit visa to USA issued in 2012 and valid till 2022. They used to make short visits to USA every year till 2016 with duration of stay averaging around 55 days each year. After my father’s retirement in April 2017 they have settled down in India.
During their visit in June 2017 they stayed here for just under 6 months (174 days). They visited this year as well for about 173 days, arriving in SFO in June 2018. Upon their arrival at SFO, the CBP officer cautioned that the 6 month stay is not acceptable each time they visit, perhaps they will be given only 1 month stay during their next visit and that they should apply for green card if they wish to stay longer.
Based on your expertise, we would appreciate if you could let us know whether there is a possibility that the CBP officer would have placed an adverse remark/ comment on their system and would enforce a short stay of 1-2 months during their next visit (tentatively in June 2019). Being aged, they are more comfortable with making 6 months visits on multiple entry visa rather than staying for longer periods in USA to keep Green Card valid.
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Are you preparing for the naturalization test? As you study for the U.S. history and government (civics) test, make sure that you know the most current answers to these questions.
I am exploring an option to move to Canada temporarily in order to save my Canadian PR. My PD date is March 2012 and have an approved I140. Currently my H1B extension based on approved I140 is in process and hopefully it shall come soon and will be good till Feb 2022. Plan is to move to Canada after H1B approval and H1B visa stamping from India. <br>
Questions<br>
1. If Priority date becomes current during my stay in Canada then what are my options.<br>
2. If Priority date does not become current and I tried to enter US after staying for more than year outside US. Two situation could occur H1B extension (I797) is still valid (before Feb 2022). Will I be challenged at port of entry whether i am going to perform the same duties as mentioned in I-129.<br>
3. To convince them on job responsibilities will the letter from employer be sufficient Or need something else?<br>
4. Recent pay stubs shall also be helpful to prove my continue employment with my same employer ?
5. H-1B extension (I-797) is expired (after Feb 2022) OR because of some reason I have to file new H-1B extension to enter Can i use my approved I-140 to file new H-1B extension(or claim the H-1B period) and that will be cap exempt ? OR I have to file new H-1B petition and re-enter the lottery.
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.
1. Am I allowed to open a corporation and run a business on GC-EAD?<br>
2. If no, can I still work on a 1099 and file my taxes or do I have to be on a W-2 for an employer?
Watch the Video on this FAQ: Starting business on I-485 EAD
Video Trascript
1. Sure you can. You can work for yourself, you can do multiple jobs as long as you have an EAD.
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.
1. I have approved I-140, on 7th yr of extension and my current H1B Visa and I-94 valid with emp A until dec 31,2018 based on my latest approval I received in Nov 1st week.
I have another 1 month to apply for an extension and I am requesting my employer to apply in premium processing.
1)If my extension is applied in Premium before I-94 expiration but pending beyond my expiration date 12/31/2018,
I will be 'out of status' even though 'authorized to stay' until decision is made. Is this correct that this may affect my future H1bs in case it is denied
and attract NTA(notice to appear) in future because of my 'out of status' from date of expiration to date of denial or while leaving the country upon denial.<br>
2. Is it better if I leave the country on the last day of my I-94 expiration(Dec 31, 2018) while my H1B extension is pending in order to avoid 'out of status' or 'unlawful presence' scenarios by staying here.
If I leave the country while extension is pending in above scenario, is it possible for me to go for consular processing, get VISA stamped after it is approved and enter the US legally?
or
is h1b extension is considered as abandoned?
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WASHINGTON— USCIS has launched a new Online Fee Calculator to assist members of the public in calculating the correct fee amount to include when filing their forms with USCIS at an agency lockbox facility.
Rajiv S Khanna PC & Case Manager Vijay Durgam has been phenomenal. Detail oriented, patient and relentless. My case has been handled with utmost care. The flawless handling is reflected in the outcome.
I applied for EB3 in 2011 and port to EB2, now EB3 dates are moving forward and if it reach to my priority date am I still eligible for EB3 as I initially applied for or do I need to downgrade to EB3. Will there be any questions raised?
Watch the Video on this FAQ: EB-2 approved applying for EB-3
Video Transcript
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Number 26
Volume X
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.