My wife is eligible for H-4 EAD, I know there is no formal way for expediting the process but I've seen a clause in F-1 (OPT) EAD process called "financial loss" and if you've got a job and submit the offer letter while you're waiting for an EAD to get approved, they process your case faster and you get the EAD much sooner than expected. Does this rule apply for H4-EAD as well?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
This bulletin summarizes the availability of immigrant numbers during June. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; U.S.
I worked with Rajiv & Team from last 8 years. They saved me from edge to falling down couple of times Rajiv has tremendous knowledge and experience in each issue.
Rajiv & Team are very professional, personal care , on-time and always available if needed immediately. I would like to Thanks Rajiv, Heather ,Anna, Judi and Art. My special gratitude to Art as he was with me each day and each step in last 8 years . He is awesome person.
I highly recommend Rajiv & Team for all your Immigration Services. Best of Luck...
Our software company has worked with Rajiv and his staff for 2 years on various visa applications (H1B, L1, EB2) and couldn't be more pleased. The entire staff is professional, reliable, knowledgeable, and friendly. Rajiv is never too busy to have a call to provide updates & recommendations, and even just to put employees at east during these most stressful times. I highly recommend the Law Office of Rajiv S. Khanna.
Applied - 11/12/14
Biometrics - 12/11/14
Interview - 3/12/15
In line for Oath- 3/23/15
Oath ceremony notice mailed -3/25/15
Oath Ceremony: 4/22/15
US passport: 4/23/2015
I would like to thank Bharathi Gajjala for her efforts on my I-140 and I-485. Case got approved with out any RFE.
Starting May 26, 2015, U.S. Citizenship and Immigration Services (USCIS) will temporarily suspend premium processing for all H-1B Extension of Stay petitions until July 27, 2015. During this time frame, petitioners will not be able to file Form I-907, Request for Premium Processing Service, for a Form I-129, Petition for a Nonimmigrant Worker, requesting an extension of the stay for an H-1B nonimmigrant. USCIS will continue to premium process H-1B Extension of Stay petitions filed with Form I-907 premium requests prior to May 26, 2015.
USCIS has published information to help eligible H-4 dependent spouses who want to apply for employment authorization under the Employment Authorization for Certain H-4 Dependent Spouses final rule.
You can view the information on:
FAQ: US Citizen applying for Green Card for visiting family member (spouse/parents); Birth and Marriage Certificate Issues; FAQ: Getting nanny/domestic help from India; FAQ: After getting Green Card - how long do you have to stay with your employer.
We have been working with Mr. Khanna and his team for years and we cannot thank them enough for all they do for us. I like to share a comment that I just received from one of our employees who recently received his H1 approval: "Really appreciate Immigration lawyers for thoroughly review the documentation. I am glad for this approval and believe all their efforts are reflected in this approval."
On April 9, 2015, USCIS’ Administrative Appeal Office (AAO) issued a precedent decision, Matter of Simeio Solutions, LLC, which held that employers must file amended H-1B petitions when a new Labor Condition Application for Nonimmigrant Workers (LCA) is required due to a change in the H-1B worker’s worksite location. Specifically, the decision stated:
***Please note that you may not apply for employment authorization under the new H-4 rule until May 26, 2015***
Please let us know effective when we can change jobs without having to file for I-140 again?
When:
1. I-140 is approved; and
2. The I-485 has been pending 180 days; and
3. The job described in green card is the same or is similar to the job you are going to;
I am looking for opportunities using the remainder option of my H-1B. I have a year and half remaining out of six years.
Now, most of the companies do not want to start the GC process immediately; they want to start after 6-12 months.
I have the following two questions:
1. What stage do I need to reach on my GC process when the remaining time on H-1B ends.
2. If my company doesn't want to start GC process immediately, can I begin this on my own using my personal fund?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/3Heaadpk1Ik?t=273
FAQ Transcript:
My name is Harendra having H-1B and an Indian national , I want to file H-4 for my wife who is a Srilankan national with Srilankan passport , living in India legally with my parents after marriage for the past three months. Can she apply her H-4 from India or she needs to go back to her native country to apply ?
Is there any rule for spouse applying visa from primary applicant's country of residence?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/3Heaadpk1Ik?t=396
FAQ Transcript:
REMINDER: Do NOT submit an application for employment authorization (Form I-765) before May 26, 2015. USCIS will not accept a Form I-765 requesting employment authorization based on your H-4 status until the H-4 rule takes effect on May 26, 2015. If you submit a Form I-765 requesting employment authorization on this basis before May 26, 2015, USCIS will reject and return your application with the filing fee. You would then need to re-submit the application on or after May 26, 2015.
Beginning Monday, June 1, 2015 USCIS will accept only the new version (edition date: 01/29/2015) of Form I-907, Request for Premium Processing Service. The edition date is printed at the bottom of every page. USCIS will reject previous editions of this form if you submit them on or after June 1.
AAO Processing Times as of May 1, 2015
FAQ H-4 EAD Issues:
Travel while EAD is pending; filing I-539 with I-765; I-140 withdrawal
ICE FAQs on the Administration’s August 18, 2011 announcement regarding a new process to ensure that immigration enforcement resources are focused on high priority cases.
The Department has replaced a PERM program Frequently Asked Question (FAQ) regarding the use of an electronic or web-based national professional journal instead of a print journal when conducting recruitment for College and University Teachers as specified under 20 CFR 656.18.
Please check the attachment to read the FAQ.
Dear Friends and Fearfuls! This is the message I posted on my Facebook Page after speaking with Rajiv for the first time. (and before I knew about this opportunity to post comments on his own page.) I felt it was so important to let other people know that there is someone like this who is actually practicing law, much less IMMIGRATION LAW! Hooray for the good guys. One more in the camp. --- FB Message: If anyone you know needs a good immigration attorney, I encourage you to speak with Rajiv Khanna. Riajiv has an on-line blog which is incredibly helpful and a FAQ page that is so informative that I found my self reading pages of it that weren't even related to my questions. I was very struck by his ability to communicate in layman's English and his understanding and compassion for people with problems. When I spoke with him by phone, he shared his philosophy. He said (in essence) "We tried to figure out how much we could give away without it hurting our practice, and we discovered we could give away almost everything." I'm sure this doesn't mean the man works for free--but it does seem his career is motivated by compassion and generosity--TOO RARE in the legal field as we all know. Rajiv has a gift for simplifying the complicated and speaking to the person. In addition, he doesn't "work" on Fridays. Instead, he dedicates one day a week to community service and helping people by phone, answering questions, and trying to find quick solutions. AMAZING! Especially in today's very complex world of immigration. Office phone # 540-886-6321 in Staunton, VA (suburb of DC) Competent, Quick, compassionate, hopeful, follows-through, finds the solution--I am very, very impressed. And last but not least, you come away from speaking with Rajiv feeling smart, not stupid. Also, so rare when it comes to lawyers. Many thanks, Rajiv. Susan
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