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Employment-Based Fourth Preference (EB-4) Visa Limits Reached for Special Immigrants from India
The Department of State’s Visa Bulletin for August 2016 reflects a final action date of January 1, 2010*, for EB-4 visas for special immigrants from India.
Visa Is In An Expired Passport
If my visa is in an expired passport, what should I do?
If your Visa is in a passport that has expired or will expire within 6 months of the end of your U.S. visit, you will need to get a new passport. However, you do not need to apply for a new visa. Just bring both your NEW and passport with the valid visa to present to the CBP Officer when you arrive in the U.S.
*Note: Your ESTA is not a U.S. Visa. If you obtain a new passport, you are required to apply for a brand new ESTA. To re-apply visit esta.cbp.dhs.gov.
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Recording of Free Community Conference Call (Every Other Thursday), 14 July 2016
Citizenship and Naturalization
Green Card
Discussion Topics, Thursday, 14 July 2016:
FAQ: Priority date transfer across several companies; J-1 holder getting married to a US citizen; H-4 EAD when I-140 approved through a future employer; Automatic Visa Revalidation and H-1B amendments; Withdrawing I-485 AOS of spouse.
Other: Medicals RFE not received; Changing from H-1/H-4 to green card; Converting from H-1 to F-1 back to H-1; I-140 approved changing jobs; Pending I-140 EAD regulations; Mutiple green card petitions through future employers; Legal repercussions of deportation, N-400 record expunged, cannot obtain copies; US citizen applying for parent; Passport correction; H-1 company bankrupt; etc.
BALCA Appeal Times (as of July 18, 2016)
BALCA Appeal Times (as of July 18, 2016)
Bottomline: BALCA appeals take approximately 3.5 to 4 years from the date the appeal is filed.
- Appeals from PERM denials with BALCA office are currently taking about 3.5 - 4 years from date of docket
- Dockets are being completed within the same month that they are received
Agency
Green Card
Immigration Law
Successful K1 Visa (I-129 f) Expedite Request
Just wanted to let people know that it IS possible to get the I-129f processed in an expedited basis.
EB-1A Directly from India and Green Card
I am from India and holding an Indian passport. I work for a IT company. I manage around 250 members.
One of the agencies are tied up with another EB-1 and EB-2 processing agency in USA and informed me that they can help in processing EB1-A visa (Self Petition).<br>
My questions are:<br>
1. Is there a category of Visa as EB1-A?<br>
2. If so, is there a possibility for self - petition? i.e. without an employer?<br>
3. If I file EB1-A, what is the waiting period? Approximate is adequate.<br>
4. Once I get the EB1-A visa, can I self apply for Green card or should there be an employer assisting to file for Green card?<br>
5. If I apply for Green card on an EB1 A, how long generally with it take?<br>
1. Yes. See: http://www.immigration.com/greencard/eb1-green-card/eb-1-extraordinary-…-
2. Yes, self petition is possible under EB-1A.
3. Usually, it takes appx a year for the whole process.
4. EB-1A IS a green card category. Nothing else is needed.
5. See 3 and 4.
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.
Deferred Action for Childhood Arrivals Is Still Available
The Supreme Court’s 4-4 decision in United States v. Texas on June 23, 2016, does not affect the existing 2012 policy regarding Deferred Action for Childhood Arrivals (DACA). Individuals who meet the 2012 DACA guidelines may continue to come forward and file an initial or renewal request for DACA under those guidelines.
Guestbook Entry for Puneet Srivastava, India
Update to Form N-600K
USCIS recently updated Form N-600K, Application for Citizenship and Issuance of Certificate Under Section 322. The new edition is dated 07/11/16. USCIS will also accept the 05/03/13 edition.
Recording of Free Community Conference Call (Every Other Thursday), 28 July 2016
Immigration.com
Agency
Citizenship and Naturalization
Discussion Topics, Thursday, 28 July 2016:
FAQ: Criminal record, affect on naturalization, other risks; Criteria for EB-1C, international managers and executives, impact of receiving benefits; Tourist/Visitors/B-2 visa denial 214(b); How long is an I-140 approval valid; Legalizing status; Change of work location after filing for naturalization N-400 - 90-day rule for domicile; Gap required on a B visa revisit.
Other: Student (M-1) Visa stamping, changing to F-1; N-600; Conflicting I-94 on H-1 extension and amendment; 221(g) on H-1 visa; Priority date transfer after I-140; J-2 EAD processing; Protecting H-1 holder's share in company, green card processing; H-1B transfer salary and reporting company; H-1B changing employers, etc.; spouse of green card holder issues; When to file I-140/AOS after PERM approval; Correcting records with CBP; Overstay on B visa alleged; etc.
EAD card for wife
Background: Wife's H1 expires in a couple of weeks. Needed EAD card. Had filed I-765 on sept 07 2005. Five months and no EAD card yet. Checked with INS 800 number. Found the card was at Missouri ( Lee's Summit ) service center. Since time was running out on the H1 B. Took an appointment at Detroit Office. For interim EAD. Here is a sequence of events for some one else who might need an interim EAD in Detroit MI.
Guestbook Entry for Niketan, United States
Rajiv Khanna and his office associates helped in all aspects of my green card applications and made it as smooth as possible. They are very well talented and experienced to handle any kind of case. My special thanks to Rajiv, Suman Leila, and Diane who very always there to help and answer all the questions at any time.
Guestbook Entry for Raman Kumar , United States
Dear Rajiv, Pooja, Suman, Savita, Vijay, Fedlina and All, Let me thank you all for such and excellent work done by all of you for my Labor Certification. I am really very impressed by good work of Law office. L.C. filed on 12/06/00, L.C. approved. 04/30/01. When State Department of Labor, Maryland asked for the few questions about my LC, Rajiv himself called me and assured. He is very humble and nice person. He is having full command not only to Immigration Law, but also to softwares. Though profession he is a Lawyer, but he does Designing and coding for his own 4GL/5GL programs. Thank you very much Rajiv. Raman
Guestbook Entry for Arvind Mathur, United States
I checked the AVM message at Vermont and heard that our I485 petition for adjustment of status was approved. I have been associated with Mr. Rajiv Khanna, Charu Bhagat, Suman Bhasin, Leila Lehman and Diane Lombardo off and on since that time. Mr. Khanna practices his law in a principled manner and I have never been given any false assurances by him. He is not one of those fly by night lawyers who promise the moon and then dont deliver. He has always given me advise without reservations. He is also a shrewd lawyer and if your case has even the slighest merit, he will get it to your favor. Well thanks to him my family and I are permanent residents.
Guestbook Entry for Ramanarao Garimella, United States
Dear Rajiv & Team, Thanking every one at Law offices of Rajiv S akhanna for getting my GC in record time, showing excellent thru the process. Thank you for taking a great interest in my case and I have no doubt every client of yours get this same great service. Feel lucky to have you as my atty. Thanking you and wishing good luck for others going thru the process. Ramana
Guestbook Entry for DINESH MAKKED, United States
Thanks to concerted efforts of law firm, I got my GC in 1.5 years. The remarkable thing about the people working at this law firm is that they always return your calls ( especially Ms Lehman). They take utmost care with the paperwork and they have been so prompt in paper-filing too. I opted for Consular Processing and it was a piece of cake. They did not ask any questions at all.
USCIS Naturalizes 7,000 New Citizens over the Independence Day Holiday
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) will celebrate the 240th anniversary of the Declaration of Independence, and our nation’s birthday, by welcoming more than 7,000 new U.S.
Recording of Free Community Conference Call (Every Other Thursday), 30 June 2016
Citizenship and Naturalization
Immigration Law
Discussion Topics, Thursday, 30 June 2016:
FAQ: Can one work during H-4 EAD renewal; Can a green card applicant (sibling of US citizen) remain in USA while green card is processed; Proving ties to home country for tourist visa; Can I look for a job while EAD is still pending;
Other: Remedy against a US citizen spouse; entering USA on green card, how long must I work with employer, maintaining green card; H-4 visa stamping problems; CSPA protection; Getting status updates on PERM; Effect on visa stamping of 30-day gap in status; Revocation of I-140 and priority date; Applying for OPT while H-1 is pending; New visa required or not if I change H-1 employers; AC21 options for EB-1C executive/manager; 3 year extension of H-1 through a new company based upon I-140 approval; etc.
Guestbook Entry for Divya Ananth, United States
Hi, I want to leave a comment on my positive experience with LORK every time I reach out to the firm. I was a client of LORK when my green card was applied through my employer and they took utmost care of the case. Especially, I was one of the people that applied during July 2007 visa bulletin fiasco and the firm was very good at answering and responding to all of my repeated questions patiently. Since then, I have always reached out whenever I had a question on immigration matters and the staff always, always respond back to me promptly. Even though I was a client several years back, they still take care as if I am their current client. Greatly appreciate everyone at the firm and especially Mr Khanna for his due diligence, prompt responses and timely calls and great advice. Would love to do business with LORK again. thanks for all that you do to help our fellow Indians.
USCIS Returns Unselected Fiscal Year 2017 H-1B Cap-Subject Petitions
USCIS announced on July 8, 2016, that it has returned all fiscal year 2017 H-1B cap-subject petitions that were not selected in our computer-generated random selection process.
Temporary Protected Status Extended for El Salvador
WASHINGTON—Secretary of Homeland Security Jeh Johnson has extended Temporary Protected Status (TPS) for eligible nationals of El Salvador (and those without nationality who last habitually resided in El Salvador) for an additional 18 months, effective
Child Born To A Lawful Permanent Resident Mother During Her Temporary Absence From The U.S
A child is born to a lawful permanent resident mother during her temporary absence from the U.S. What must the parent do to be able to bring their child back to the United States and obtain LPR status for him/her?
Children born during the temporary visit abroad of a lawful permanent resident (LPR) mother are classified as NA3.
· A child who meets the requirements of the NA3 classification is exempt both the passport and immigrant visa requirement when arriving in the U.S. for the first time.
· The child must apply for admission to the United States within two years of birth.
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.
It has been an amazing experience with my H1 transfer this time. I was getting RFEs in all the last 3 times when my H1B petition was filed, but this time, it got approved straight without an RFE in just 10 days of time with premium processing. This definitely indicates that the documentation done was very much detailed and complete. Apart from this, prompt communication is something that I really appreciate a lot. Thanks for all the support.