State Dept. Notice Regarding Implementation of Changes to the Visa Waiver Program
For Immediate Release
DHS Press Office
Contact: 202-282-8010
For Immediate Release
DHS Press Office
Contact: 202-282-8010
Secretary of Homeland Security Jeh Johnson has extended Sudan’s designation for Temporary Protected Status (TPS) for an additional 18 months due to the ongoing armed conflict and extraordinary and temporary conditions in Sudan that prevent its nationals from safely returning. The extended designation is effective May 3, 2016, through November 2, 2017.
Very good news.
I got my citizenship on Jan. 21,2016 in a timeline of 5 months.
Major credit goes to Rajivji and his team for valuable advice.
The physician group I'm talking with are looking to hire me on to work alongside them, and they would not actually pay me a direct salary. I would bill insurance for each patient seen, and the practice would take a certain percentage and give me the rest. Would this be allowed? Or do I have to actually receive a salary from the future employer? My understanding is that as long as the potential employer can show the ability to pay the prevailing wage via a business income tax return, that is all that is needed. Whether or not I actually get paid and how much I get paid once the green card is approved, is irrelevant, correct?
First of all generally speaking, for H-1 and for green card your salary cannot include terms that are variable. So for instance if you get a yearly bonus, but the bonus changes from year to year you cannot include that as a part of your salary. Salary cannot include per diem. A lot of companies and a lot of employees get stuck with a lot of problems because per diem is set up as part of the salary. Per diem is not salary. Benefits are not salary. So all three of these items are big problems when you talk about H-1 and green card salaries.
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Discussion Topics, Thursday, 28 January 2016:
FAQ: Conversion from H-1 to H-4 EAD and back to H-1 – H-1 quota; L-1B converting to H-1B change of status and quota; H-1 duration through a new employer after I-140 approved – starting a new green card – do job titles and job descriptions have to match; Reapplying for a B-2 visa after denial – importance of income; Filing B visa to maintain status – H-1 and H-1 extension durations when I-140 is approved – when I-140 is revoked – time USCIS takes to revoke an I-140; Visas for starting a restaurant business franchise in the USA.
Other: Changing jobs after returning on N-470; PERM approval after MTR/Appeal on harmless error/typo; Consequences of old employer withdrawing I-140; Limit on number of times one can apply for H-1; Porting priority date from an approved I-140 that was revoked for error; Entering to do business on a prior approved B-2 visa; L-1A and PERM based green cards; H-1 quota based upon prior approval.
Hello Rajiv Ji,
Thanks for your time and responses (over the email). I have below questions.
1) I am an EB-2, with Priority date Jun-2008. Applied i-485 in Jan-2012. Cut-off date became current in July-2014. Through congressperson / infopass found that my application is in background checks.
1.a) I have given fingerprints 2.5 years ago and background checks are not cleared yet. so what are my options in expediting it?
1.b) My worry is the checks may not be cleared before next time dates become current, and I may be in the same situation again.
1.b) Can I use Writ of Mandamus? Does my case (485 pending for 2.5 years, current for 2.5 months, but background checks are not completed yet) have enough reasons to claim "unreasonable delay"?
2) I am using my EAD. My labor says "Senior Analyst" as my job title.
2.a) Can I accept a promotion with a director/managerial job title ?
2.b) or does it cause a problem / RFE in future? Duties are more or less similar and work on same software technology, but will have few direct reports and need to manage projects.
3) Can I switch to H1-B as a safe measure?
3.a) Does switching mean I am abandoning my GC?
3.b) Do I need to go out of the country for stamping or can I continue to work without going out?
3.b) what are the risks involved?
See the marked clip below from Rajiv's video recording for the answer to this question.
https://www.youtube.com/watch?feature=player_detailpage&list=UUm4s1qwOS…
Hello Sir,
I am H4 visa holder and want to blog for hobby. If I get any money from blogging due to advertisements or page hits, I want to take all of that money and donate it to charitable organization. I want to know is this legal while in H4 status and if so I want to know the correct procedure to do what I have mentioned, so that I am still following the rules for the H4 visa.
See clip from video recording by Rajiv for the answer to this question regarding volunteer work on H-4 visa status.
https://www.youtube.com/watch?feature=player_detailpage&list=UUm4s1qwOS…
My sister filed petition for me last year maybe I-130. I am an Indian and my wife is Italian, I am in California nowadays since last week. Can we stay here permanently under I-485 or AOS whatever?
That category takes 13-14 years. During the time you are waiting for your priority date to be current, you cannot stay in the USA just because your green card is pending. You can, however, stay or come to the USA under a visa independent of the green card such as L-1, H-1. You can also apply for a green card in several categories simultaneously.
1. What are TN and L nonimmigrant classifications?<br>
2. How can Canadian citizens obtain TN and L-1 classifications? <br>
3. I am a first time TN and L-1 applicant – am I required to go to a designated port of entry?<br>
4. Which ports of entry are designated for optimized processing?
1. The TN nonimmigrant classification permits qualified Canadian and Mexican citizens to seek temporary entry into the United States to engage in business activities at a professional level. The L-1 nonimmigrant classification - Intracompany Transferee Executive or Manager – enables a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company that does not yet have an affiliated U.S. office to send an executive or manager to the U.S.
Recently USCIS erroneously scheduled some customers for more than one Application Support Center (ASC) biometric appointment (Form I-797C).
If you have already attended an ASC biometric appointment, and received a second appointment notice for the same application type, please call the National Customer Service Center at 1-800-375-5283 (TTY for hearing impaired: 1-800-767-1833) to confirm that you do not need to return to the ASC to have biometrics collected again.
On January 1, 2015, E-Verify must dispose of transaction records that are over ten years old - those dated on or before December 31, 2004. E-Verify employers have until December 31, 2014, to download case data from the new “Historic Records Report” if they want to retain transaction data that is more than ten years old.
WASHINGTON — U.S. Citizenship and Immigration Services (USCIS) Director León Rodríguez announced the launch of myE-Verify—a new website designed for employees. myE-Verify is a one-stop shop for employees to create and maintain secure personal accounts and access new features for identity protection.
Important Notice - New Application Fees: Nonimmigrant and immigrant visa application fees for certain visa categories will change on September 12, 2014. All visa applicants must pay the fee amounts in effect on the day they pay, with the exception of Immigrant Visa application processing fees paid domestically to the National Visa Center (NVC), which will be effective as of the date of billing.
Fees that will decrease are not refundable. If you paid a visa fee before September 12, 2014 and that fee decreased, we cannot give you a refund.
Rajiv and his team were very helpful during the entire GC process. I come from a non IT background but his team respresented my case with the appropirate attention. I would not hesitate to recommend Rajiv and his team to any friends or family.
Thanks again.
PERM Processing Times (as of 10/06/2014)
We had a tricky situation with my H1b extension denial, and a pregnant wife. I contacted Mur*** as well. She didn't show up herself, and advise was generic.
Mr Khanna was an angel. He had clear answers, next steps recommendation, and has a calming effect.
Very professional firm, and he goes above and beyond the call of duty.
Kudos to you sir. I would recommend him without any reservation.
Rohit
Can I get K visa for my spouse? I am a US immigrant with green card. Is there something called a V visa?
V visa no longer exists. There is no K visa option for green card holders. Sorry.
Secretary of Homeland Security Jeh Johnson will extend Temporary Protected Status (TPS) for eligible nationals of Nicaragua for an additional 18 months, effective Jan. 6, 2015, through July 5, 2016.
Current TPS Nicaragua beneficiaries seeking to extend their TPS must re-register during the 60-day re-registration period that runs from Oct. 16, 2014 through Dec. 15, 2014. U.S. Citizenship and Immigration Services (USCIS) encourages beneficiaries to re-register as soon as possible once the 60-day re-registration period begins. USCIS will not accept applications before Oct. 16, 2014.
I have completed 3 years on my initial H1B. My employer applied for extension but it was denied saying Specialty occupation not met. My I-94 has expired and I was out of status. My employerhired Rajiv S Khanna for filing H1 extension again in PP along with MTR. This new H1 extension is approved along with I-94 which has corrected my out of status period. It was miracle and was only possible because of Rajiv S Khanna & team (Kalpana, Fran). They have great knowledge and experience in dealing with immigration issues. I am so thankful to them for their great service and I proudly recommend them to all. Rajiv, Kalpana & Fran - YOU ARE THE BEST! Thank you :)