We have won a series of cases where USCIS had earlier held that unpaid employment under OPT was legally unacceptable to maintain status. We have argued that such holding is contrary to all law, policy and precedence. Students are NOT required to engage in PAID employment. All these cases were won after we filed our briefs pursuant to Motions to Reopen (MTR).
On March 4, 2013, USCIS began a new provisional unlawful presence waiver program for certain relatives of U.S. citizens whose only ground of inadmissibility is unlawful presence in the United States under section 212(a)(9)(B)(i)(I) and (II) of the Immigration and Nationality Act (INA). See 78 FR 536-01 (January 3, 2013). The provisional unlawful presence waiver process allows immediate relatives of U.S.
I am an international student on F-1 visa who got married to a green card holder during my studying in US. we wanted to know when we can apply for my green card and how the process is. Thanks to Mr. Khanna and his awesome team, we now know exactly what we should do. since we had no idea what the process is, it took us a while to understand the whole story! Mr. Khanna explained very clearly and patiently and made sure we understood everything.
He helped my husband to get his green card a few years ago and we'll definitely ask him to walk us through this process.
Starting on March 11, 2014, USCIS will implement a new process to receive and adjudicate applications for civil surgeon designation centrally at the National Benefits Center. This process change requires physicians seeking civil surgeon designation to file a formal application at a USCIS Lockbox. Centralizing the civil surgeon application process will:
Finally the last Friday, Jan 17th I became an American Citizen, it's was a easy, quickly and simple ceremony at 26 Federal Plaza, I was request to be there at 11:00 am, when arrive to the place a big line inside was waiting for me but was fast, them I went to the 3rd floor, make another line with my letter and GC, a few minutes later I was lil interview about the questions on the letter and give my GC to the officer, them somebody show me my seat, almost full with like 150 people from 57 diferent countries.
Here is my journey thus far:
GC holder since March 21, 2008 (married to U.S. citizen since 1997)
6/11/12: N-400 sent via UPS to Lewisville, TX
6/12/12: N-400 delivered
6/13/12: NOA received (Priority Date: 06/12/12)
7/18/12: FP notice recd
8/09/12: FP scheduled - Done
9/04/12: In line for Interview scheduling
10/12/12: NOA received, Interview scheduled
14/01/13: Interview Done, N-14 "Request for evidence" given to me
The 2012 Annual Report presents information on the Prevailing Wage Determination Process, Permanent Labor Certification, and Temporary Nonimmigrant Labor Certification for FY 2012. The report also contains State Employment-Based Labor Certification Profiles, information on STEM-related occupations in the labor certification programs, H-2A Agricultural Certification Statistics, and top Country Employment-Based Immigration Profiles. Click here to view the 2012 Annual Report.
When filing Form I-912, Request for Fee Waiver, it is important to fill out the application completely and provide all required information with your initial filing. Please read and follow the filing tips to ensure proper processing.
Complete the Form Fully and Accurately
My interaction with Rajiv dates back to March 1999. I was in a very difficult situation, had to change employer in the first one month of my entry into US. I was not on the payroll, as a result I did not have paystubs. Rajiv helped with a 60 day rule, filed my H1 B petition within first 60 days of my entry in US, at an unbelievable pace. The best part, Rajiv’s unique insight and understanding of the law and applying to specific immigration situation., I am a US citizen and living the American dream as a first generation American of Indian origin. Last seven years I have been running a company. When I look back in time, the best thing I did was to seek the right professional help. For any immigration needs the only name that comes to my mind is the law offices of Rajiv, S Khanna. Ganesh Venkatraman
The GOP has announced the following principles for immigration reform. Most observers including this writer are encouraged by the willingness of GOP to address the immigration reform issues. These represent a broad overview and perhaps a point of departure from where detailed bills can be crafted in a manner acceptable to all stakeholders. My comments are enclosed in HTML quotes.
This is an explanations of the above news story and that it has no direct effect on DREAMers.
Discussing allegations of fraud and consequences when a short term visa holder tries to convert to green card or another long term visa from within the US.
Has USCIS clarified the distinction between unauthorized employment, failure to maintain status, and unlawful presence.
USCIS has provided the following clarification:
Release Date
Effective Dec. 12, 2022, U.S. Citizenship and Immigration Services (USCIS) is updating the USCIS Policy Manual to allow USCIS to automatically extend the validity of Permanent Resident Cards (commonly called Green Cards) for lawful permanent residents who have applied for naturalization.
Question: My sister has been on F-1 status, currently on OPT and I want to file for her EB5 visa. I will fund her 75% of my money with cash that I earned from W2 and may get an equity loan if needed (total 800K). She wants to open an IT consulting company in Rural Area while on OPT. I have the following questions.
1. Is an IT consulting company a valid investment in terms of USCIS because one attorney mentioned it is not?
2. Does the count of hiring U.S. residents begin after the company is founded or after an I-526 application is filed?
3. How long will it take to get a conditional green card? How about non-conditional?
4. Is it a good idea to file now while on OPT-EAD or wait until she gets H-1B? She has another 2.5 years remaining on OPT.
5. Is it okay to use AP/EAD after she gets it while OPT-EAD? Can she still apply for H-1B after I-1485 is filed?
1. Not only should there be an investment that investment should be needed to set up that business.
2. When you file your first set of forms (Form I-526) at that time you provide a business plan and you tell the government that once the I-526 is approved within two years or soon thereafter you will be able to create ten American jobs. You have about four years to create American jobs.
3. You can actually look those times up.
4.This is also complicated because if she gets her H-1B she's allowed to work only for the H1B employer. This should be planned in detail with a lawyer. At least theoretically this is feasible
5. She can still apply for an H-1B after I-485 is filed. It is theoretically possible, at least at the USCIS level but at the consulate level it is a different story.
My priority date is April'14 in EB2. My current employer filed an AOS (I-485, I-765 & I-131) using a prior employer I-140 petition. My EAD (I-765)/AP (I-131) was approved a few weeks ago. My current employer didn't submit I-485J while submitting I-485 application. My current employer PERM was submitted a few months ago.
Questions:
1) Is it safe to use the EAD/AP (or) would you recommend staying in H1B until I-485 is approved?
2) Will this filing be considered to be fraud/misrepresentation (or) Would you recommend withdrawing my I-485 application?
Release Date
Federal Register Notice Published Today Announces Nationwide Trial
I had filed for my parent's green card in July' 2022. It is concurrent filing.
The I-130 filed by me shows processing times of 4 weeks and 6 months for my dad & mom respectively.
The Advance Parole shows processing time of 11.5 months and I-485 (Minneapolis-St. Paul field office) is almost 2 years.
Their I-94 is expiring on the 30th Nov. What is the process to withdraw the application so that they can return back to India legally before 30th Nov?
Also wanted to know:
Will I need to withdraw the I-130 petitions that I had filed for them ?
Will this impact their existing B-2 (visitor) visa? Will it still be valid?
1. There is no need to withdraw the application, but if you want to withdraw you will have to send a letter. Even if they leave without getting an advance parole the I-485 is deemed to be abandoned but the I-130 can still go on. You will have to call USCIS to open a customer service request and convert the I-130 to consular processing. Even though the I-485 is abandoned the I-130 is put in the consular processing queue.
2. If they leave before November 30th their visitor visa should not be affected.
I did my Masters in chemical engineering in the US and then worked for an environmental firm in NYC, where my H1B was sponsored. I got my H1B in 2019 (Oct 2019 start date), and then I moved to India in Dec 2020, and it’s been almost 2 yrs here in India.
I have approx. 4.5 yrs remaining on my H1B. My questions are below:
1. Am I eligible to use the H1B remainder option for a different employer under a different field under cap exemption? I want to know if I can work in the business domain and not in the chemical field using the H1B remainder option.
2. Say I find an employer in the US in the business domain who is willing to sponsor me directly? Do I need to apply for a new H1B and go through the April lottery? What are the consequences?
3. Lastly, if I plan to do an MBA, which would be my second master's in the US, is it possible to use the H1B remainder option from my first master's and work in the business domain?
I contacted the Law Offices of Mr. Rajiv S. Khanna for secondary advice in regards to my and my husband's green card process and filing of G-639. Via telephone conference I received helpful advice, more detailed information and clarification than I had received from my other lawyer. I found Mr. Khanna very knowledgeable. I wish I had come to Mr. Khanna's office at the start of my green card process. I strongly recommend his service. /EAB