DACA recipients should be advised the three-year work permit recall only applies to SOME individuals who received a card after the February 16, 2015, court order.
By conveying the online request process to mobile devices, requesters can submit requests and check the status of existing requests anyplace, anytime. The mobile capabilities of the eFOIA app will greatly enhance the user experience, and provide convenience for the requester community.
Discussed: FAQ - H-1B Employee, telecommuting/working from home, Applying for H-4 EAD while H-4 is pending.
Also: TN working as independent contractor, unlawful presence proof of legal entry I-94, H-1B quota, physicians’ H-1, converting EB-3 to EB-2, I-130, H-1 extension, MSA and area of intended employment, changing consulate location for visa interview, naturalization, OPT and F-2, etc.
Due to changes in processing within the Vermont Service Center (VSC), Requests for Evidence (RFEs) issued by the VSC will no longer be printed on yellow stock paper, but as of July 6, 2015, will instead be printed on white paper. As always, this document needs to be returned to the VSC with any evidence submitted in response to the request.
National Effort Highlights Agency’s Free Citizenship Preparation Tools
My employer did not run my payroll. He told me that we are going to get the project money after 2 months from client. Can I do something for that? If they do not run payroll can it create any problem?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
Discussed: CSPA for EB-3 to EB-2; H-1B amendments; Marriage on B-2 visa/H-4; Consequences of travel without advance parole; Following to join process; H-1B liquidated damages contracts; Moving temporarily abroad while I-485 is pending; Relocation while green card is pending; Checking which MSA we are in; What is an H-1 amendment? Getting student visa while green card pending; L-2 EAD, etc.
FAQ: Simultaneous filing of H-1 amendment and extension, Green card through a future job, H-1 employer not paying, TN applying for green card.
Other Questions: Green card for relocated employee, H-1 time recapture and extension, Naturalization, L-1A and EB-1C, H-1B amendments, PERM and mesan tested benefits.
The Office of Foreign Labor Certification has updated the following H-2B forms: 1) Form 9142B - General Instructions; 2) Appendix B; 3) Form 9142B, Job Contractor Requirements under the 2015 H-2B Interim Final Rule. To access the forms, please click here.
Today I got NIE waiver approval from the US consulate. They sent the approval mail with a passport number. I have a valid USA visa. I am planning to travel back to the USA in a week. What doc's required to travel ? or NIE waiver is sufficient?
You have not told us what type of visa you possess. In addition to the NIE, you must meet all the usual requirements for your visa type.
Note: For the NRI readers, The Economic Times has started an immigration helpdesk. A team of experts which includes Rajiv S. Khanna will address the most pressing issues. Please see the link below.
Note: Where transcribed from audio/video, 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.
How can I apply for the Einstein visa?
We would highly recommend that you have your resume evaluated by a competent lawyer. That would be the natural first step towards the process.
Note: For the NRI readers, The Economic Times has started an immigration helpdesk. A team of experts which includes Rajiv S. Khanna will address the most pressing issues. Please see the link below.
Note: Where transcribed from audio/video, 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 read your article on the Einstein visa category. I am a foreign-trained Medical Doctor. I have an article that was published in a scientific magazine. Do you think l will qualify for this visa category?
Publishing a single article is unlikely to be even close to qualifying, unless the article has been published in an extremely high impact journal.
Note: For the NRI readers, The Economic Times has started an immigration helpdesk. A team of experts which includes Rajiv S. Khanna will address the most pressing issues. Please see the link below.
Note: Where transcribed from audio/video, 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 a postdoctoral scholar in the USA. However, I thought one needed a permanent tenure-track position to qualify for the EB-1 visa category. Is that not so?
The Einstein visa (EB1-A category) is different from the outstanding researcher or professor (EB-1B)
category. A job offer is not necessary for an EB1-A petition.
Note: For the NRI readers, The Economic Times has started an immigration helpdesk. A team of experts which includes Rajiv S. Khanna will address the most pressing issues. Please see the link below.
Note: Where transcribed from audio/video, 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 decided to approach Rajiv when my employer requested me to help him get an H-1B approval for a senior executive he was interested in hiring. His petition had already been denied, making matters difficult. I thought of Rajiv right away because of my own experience with their law firm 15 years ago. My green card was done by Rajiv and his team and back then, everything went very smoothly. I found the team highly competent, responsive, and personable. I am so glad I thought of Rajiv because the H1 was approved, and I had an awesome experience working with the team (Rajiv, Pavi, Kalpana, and Anna) Pavi is energetic and efficient. The H1 petition was filed within 5 days, including personal review and reworking of the case by Rajiv. I admire their speed. I also had a chance to work with Kalpana when we had to respond to the RFE and it was great working with her, she is very detailed and thorough in her work. Anna was always there when I needed her, I truly enjoyed working with the whole team. Additionally, I really liked that they involved us in their whole process throughout. Our folders and our documents were open to us. We were all working on the same documents collaboratively.
Lastly, Rajiv supervised the case throughout and was always available to meet for any questions/doubts we had. Not only is he knowledgeable and experienced, but he is also easy to talk to explains the most nuanced concepts of the law in a manner that is comprehensible to anyone. I will make sure that I refer all my friends and coworkers to Rajiv. Thank you all for being so wonderful.
Release Date
U.S. Citizenship and Immigration Services will offer filing flexibilities to provide relief to certain applicants and petitioners impacted by delays at a USCIS lockbox. These flexibilities only apply to benefit requests submitted to a USCIS lockbox and not to USCIS service centers or field offices.
The following temporary flexibilities are effective for 60 days from June 10 until Aug. 9, 2021:
Discussion Topics, Thursday, June 10, 2021:
I am planning to file green card (I130/I1485) for my mother. She was born in 1949 in India and does not have her birth certificate. Only identity with date of birth she has is her passport and Aadhar card. She has visited US couple of times.
Go ahead and get a certificate of non-availability if possible, get a birth certificate from New York, get two affidavits from people who were alive when she was born and submit all of that together.
Note: Where transcribed from audio/video, 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 stayed in US on H1b from 2013-18, almost 5 years and went back to India. In 2020(after 1 year of cooling period), my employer has filed new application for H1B and lottery got selected in 2020.
I got my visa stamped in April 2021 with a validity till 2023.Because of new location & salary mismatch, I had to file the amendment and this time I got the approval for next 9 months only till March 2022.
On further enquiry with my employer's immigration team, I came to know that USCIS has used the remaining 9 months on the first H1B. My queries are:
1. Does it mean I will be allowed around 7 consecutive years of stay in US( 9 months on older visa plus 6 years on new visa) or I need to come back to India and serve 1 year of cooling period after spending 9 months ?
2. Will my new visa be applicable once I spend 9 months of time in US?
3. Is there a way I can opt to take approval duration on the current visa only?
The USCIS had made a mistake and they should give you the entire six years. So your H-1 should be approved for three years and not for nine months. Your lawyer should reach out to them and say you are entitled to the three years.
Note: Where transcribed from audio/video, 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.
According to the criteria you have listed on in the article, I can satisfy 7 of the 10 points. So how could I apply? Where to start and where to go?
You should certainly get your resume evaluated. Note that merely qualifying for the 3 out of 10 categories does not automatically qualify you. That is just the preliminary step. There is also an overall review of your qualifications to ensure that you indeed are one of the top few members of your profession.
Note: For the NRI readers, The Economic Times has started an immigration helpdesk. A team of experts which includes Rajiv S. Khanna will address the most pressing issues. Please see the link below.
Note: Where transcribed from audio/video, 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.
What is the situation for F-1 and J-1 students to travel or travel back to the United States?
F-1 students who already have their visa stamped on the passport can travel back in July. Those who do not have a visa stamping will have to wait for either the consulates in India to open (currently processing only emergency visas, which could include imminent academic session), or try obtaining a student visa in a country other than India. J-1 students will need to apply for National Interest Exemption, which should be given, but only when the consulates open for business.
Note: Where transcribed from audio/video, 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.
The policy update will help provide stability to U Visa Petitioners supporting law enforcement efforts to investigate and prosecute crimes
I recommend without reservation, the Law Offices of Rajiv S. Khanna, P.C., to handle your company's immigration processing needs. For over 8 years the Canton Group has relied upon Rajiv and his team to help us navigate the H1-B sponsorship process for new hires and current employees. Mr. Khanna's "expert" advise is always on point and his team is a pleasure to work with. I was particularly impressed with the thorough and timely support we received in preparing our submission. And the results were fantastic. In every case, our application was approved!! Special thanks to Fran for her help on the our recent submission. We look forward to working with you again in the future.