Discussion Topics, Thursday, 21 February 2019:
FAQ: H-1B Employer deducting money from salary || Getting a second job after green card approval || Filing employment based green card while living outside USA ||
Other: Converting pending cases to H-1B premium processing/H-4 EAD || I-485 EAD Advance Parole|| Filing N-470 || Getting H-1B extensions based on of I-140 approval of spouse || Three days out of status between H-1B approvals || H-1B remedy for non payment of wages due to government shutdown || Going from cap exempt H-1B to cap H-1B || Traveling on H-1B visa of previous employer||Filing employment based green card while living outside USA.
Number 27
Volume X
Washington, D.C
Effective immediately, USCIS will begin accepting copies of negative consultation letters directly from labor unions relating to a current or future P nonimmigrant visa petition. A consultation letter from a U.S. labor organization is generally required for petitions in the P visa classification, which covers athletes, artists, entertainers and their essential support personnel.
uidance Clarifies Agency Requirements for Petition
USCIS will resume premium processing on Tuesday, Feb. 19, for all H-1B petitions filed on or before Dec. 21, 2018. If you received a transfer notice for a pending H-1B petition, and you are requesting premium processing service, you must submit the premium processing request to the service center now handling the petition.
U.S. Citizenship and Immigration Services (USCIS) has received enough petitions to meet the congressionally mandated H-2B cap for the second half of fiscal year (FY) 2019. Feb. 19, 2019, was the final receipt date for new cap-subject H-2B worker petitions requesting an employment start date before Oct. 1, 2019. USCIS will reject new cap-subject H-2B petitions received after Feb.
PERM Processing Times (as of 1/31/2019)
I had an approved i140 from employer A for over a year. And my wife has her H4 and EAD approved recently (employer A).
In between, I switched to a new employer B and they have filed her H4 and EAD together with my H1b application. Currently her H4 & EAD is pending from employer B, but my H1b from employer B is approved. my i140 with employer B is not started yet but previous employer i140 was approved for more than 180 days. In this scneario, can the H4EAD approved with my previous employer A's i140 can still be used/valid?
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 parents are getting ready to file their N400 naturalization application online soon. Here is their situation :
They got their Green Card ( I sponsored them) in April 2013. They have made four trips to India , two of which were less than 32 days. However one trip in 2013-2014 was for 204 days but this trip is outside of the 5year look-back period now. They took another trip in in August 2014 ,returning in March 2015 for a total of 193 days outside. They had to stay back longer due an unexpected health issue when my mom had to undergo surgery. They have paid filed their tax returns as a resident for every year since getting their GC even-though they do not owe any taxes - they do have some passive income in India. They do live with me and while they have bank account there are not many transactions in it. Also they have medical coverage through ACA where they get premium assistance. Would 5 years of tax returns along with medical documents that show my Mom's diagnosis and surgery followed by physiotherapy be sufficient to overcome the presumption of abandonment of residence in US because they stayed about 13 days more than 180 during their trip in 2014-2015 ?
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.
The USCIS Contact Center is currently experiencing higher than normal wait times for callers to speak to a representative. While the center is working to resolve this, the center encourages you to use the online tools.
Our client received a decision denying his request for naturalization based on allegations that he failed to continuously maintain lawful immigration status since initial entry.
Changes will increase transaction security and reduce processing errors
WASHINGTON—On Feb. 25, U.S. Citizenship and Immigration Services (USCIS) expanded the fee payment system used in field offices to 16 additional offices:
USCIS denied our client’s Form I-485, alleging that the applicant failed to demonstrate eligibility for adjustment of status because a final disposition regarding a criminal charge under India’s Dowry Laws was not provided.
We recently filed an application for an EAD based on compelling circumstances for a client with a serious, debilitating medical concern. The applicant was on an H-1B status.
Recently, there was an ICE raid on students enrolled in University of Farmington, Michigan. I was temporarily enrolled for a year and half there (Feb 2017 - Nov 2018). I left USA on my own volition in May of 2018. The univ eventually terminated my SEVIS for non-payment in Nov 2018. I'm looking to apply for a tourist visa to USA. What potential issues might arise?
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 green card is being processed through Rajiv Khanna's office and I am extremely happy with the services they have provided at various stages. My company was taken over by another company and my company had filed for I-140 amendment for name change. It was approved without any queries. I would recommend anyone and everyone to avail immigration services from Law offices of Rajiv Khanna. They are highly professional.
Hi Rajiv & Team,
My wife and myself finally got our Green Cards approved few days back. It took us about 3.5years from start to end due to broken immigration system. I am very impressed with the services provided by your team during this process.I am particular impressed with the professionalism with which our cases were handled and have processes in place to detect human errors. During critical times like filing I485 in Dec05, your team has prepared&reviewed the forms in 2days and that helped us getting the GC sooner. Personally thankful to Rajiv & Mathew for finding time to call me and answer my questions.
The GC process is unnerving, tedious and complicated. Choosing you as my lawyer gave me peace of mind and confidence that I will be able to file in time - I filed my labor only in mid-July, but was still able to file 140 and 485 concurrently well within time.
Before this blog, I used to ask questions from all my friends to understand the processes. This blog was just great helping me to be so well informed that I started giving suggestions to my friends. The information was accurate and quickly delivered straight by Rajiv, so I knew I could follow it with confidence. I was really amazed by the quick turnaround on almost all questions posted.
Special thanks to my case manager Heather for giving personal attention, being very responsive and working so many late hours to help us out. I want you to know that your work has helped me and my family very much. The past 2 months have been really taxing for you. I feel you really deserve a good vacation after August 17
Continue the great work. Expand your firm and help more people. Many Thanks.
My O petition was approved through your help and when I went for O1 Stamping my visa was not issued due to Chennai consulate in patent misunderstanding of the law that being subject to INA Section 212(e) home residency requirement.
Finally Mr Khanna sent the a brief explanation that "It is long settled law that 212(e) does NOT apply to O-1 visas" and i got the O1 stamping. I am convinced that with the current experience of obtaining the O visa with your guidance, and support of Miss Diane Lombardo and Miss Anna Baker I would definitely be a client for my future needs. I am very pleased with the service and the application was very diligently prepared by your staff with communicating with different parties of my sponsor institution. The staff at the sponsor institution were amazed by the pleasant nature of Miss Diane Lombardo. I was very confident by your mails that my visa will successfully stamped. I whole heartedly thank you Mr. Khanna and your team. I would advise my pears to get the best job done right, is to hire Mr. Khanna. I am eagerly looking forward to working with you in the future. Thanks, Raghava Munivenkatappa
My labor certification just got approved today.We applied for it on June 26th so it took exactly 75 days.I just want to thank Law offices of Rajiv Khanna for their professional services.They have been very efficient and I am looking forward for the rest of the process with them.
I would highly recommend the Law Offices of Rajiv S. Khanna!!
They are extremely professional, methodical, thorough, and value for money because they get the job done!!
I was on a B1 visa originally and my H1B was approved but I did not receive the document. When I finally did after a year, there was no I-94. I had overstayed in the US and it was a totally mess because of a number of bad advices.
At that stage, I contacted the Law Offices of Rajiv S. Khanna. I got excellent service considering the fact that everything was done over the phone and via email. It was a pleasure to have had the services of Rajiv S. Khanna, Jitesh Malik, Anna Baker and Rena Waddell.
I thank them sincerely for resolving my issue.
1. N-400, filed Feb-2006
2. Fingerprint: Completed Mar-2006.
3. Received interview letter April 2006.
4. Interview completed Jun-2006, tests passed, the FBI name check is pending.
5. Aug-2006, approached US congress Representative, office sent letter to FBI, answer received in October: Name Check is pending,
letter also stated the date when FBI received request from USCIS; knowing of this date was helpful; I was using this date in my
11:15 Went through security then directed to the appropriate waiting room;
There were other couples, and I must say the office really looked busy as there were many IO’s. Well I assumed they were at the rate in which families being interviewed were going in and out.
Our chance came eventually and we were called in by a fine lady, whose first thing was to swear us in. She appeared like she wanted to laugh through some of the proceedings although she kept a serious look.
Some of the questions asked;
My wife and I got our Passports stamped in San Diego, CA with our I-485 approval notice. Let me try to SQUEEZE in an approx. 750-day history (9/01/99 till date) into 4 paragraphs. The whole GC process through your offices was a REAL PLEASANT experience. I am sure that with your guidance, you and your team will scale NEW HEIGHTS with EASE and STRIDE, and HELP a LOT of people. I would like to thank all of your team members. In particular, I would like to mention the DILIGENCE and PREOFESSIONALISM of Diane Lombardo, in praise of which I apologize, as I am unable to get the RIGHT words. I ENVY your and your staff's CARE, PUNCTUALITY, CONCERN and UNDERSTANDING. I was THRILLED when Suman Bhasin returned my voice mail on Saturday. Also, I am really AMAZED at how you can respond to emails in spite of your busy schedule. Also the immigration forum (http://www.immigrationportal.com) is a NOVEL and WONDERFUL idea. You have once again proven your INNOVATIVENESS. Thanks a lot to you Mr. Khanna and your PROFESSIONAL team. Friends, if you need to get the job done right, hire Mr. Khanna. May GOD bless you and your TEAM with the BEST of the WISHES so that a LOT many souls like us, can see their DREAMS come TRUE. I am eagerly looking forward to working with you in the future. Thanks