Discussion Topics, Thursday, May 9 2019:
FAQ: Traveling while H-4 and EAD is pending || Working for two employers on EAD
Other: Visitor visa extension || Cross Changeability in EB3 || Port old Priority date || Re-enter on H1B before the EAD/AP is adjudicated || Premium processing for EB2 I-140 petition for national of India
USCIS has updated the Adjudicator’s Field Manual (AFM) (PDF, 224 KB) to emphasize that, under current regulations, the periods of initial authorized stay are different for individual athletes (P-1A) and their essential support personnel (P-1S).
USCIS recently updated the following form(s):
1. I am currently in H1-B more than 10 years in the USA and I have approved I-140 priority date Mar 2011 - EB2. My current employment is getting over in 3 weeks. And my current H1-B and I-94 expires in mid-August 2019. My question is if I am not able to find another job within my H1-B and I-94 expires on Mid August 2019. What are the options available for me to legally stay in the USA after my H1-B and I-94 expires? I have own house. Is there an exceptional case we can file GC EAD? <br>
2. Without a job how many days i can stay in USA before my I-94 expires using I-140?
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.
Finally my wife and I, received our GC. This journey lasting over 12 years. It has been a long journey to GC approval. I would take this opportunity to thank Mr. Rajiv Khanna and his entire team. Special thanks to Mr. Rajiv Khanna, for all his help and guiding me at each step of this journey, including multiple H1B renewals and EAD renewals. There is no words to express my gratitude and once again thank you. He is very informative and detailed in the documentation for each filings (H1B,GC). All along this process working with Prerna on regular basis - very helpful, always responsive and quickly returned my emails and had my calls scheduled with Mr. Rajiv Khanna whenever required - and Mr. Khanna always listened to my concerns, no matter how amateurish or complicated they sounded. His feedback and opinions were honest and very helpful in the constantly changing immigration rules and policies. I have been working with Mr. Rajiv Khanna and his team since 2007. It's a pleasure working with each and every member of Rajiv's team in this journey. I would like to thank Prerna, Bharthi and Amrita with whom i worked in the GC process. Once again thank you all from the bottom of my heart and my appreciation to everyone else who worked on my case.
I would highly recommend "Law Office of Rajiv S. Khanna" to anyone who needs help with immigration related issues.
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USCIS has completed data entry for all fiscal year 2020 H-1B cap-subject petitions selected in the computer-generated random selection process, including those selected under the U.S. advanced degree exemption. As in previous years, USCIS will now begin returning all H-1B cap-subject petitions that the center did not select and will issue an announcement once USCIS is done notifying petitioners.
On May 20, 2019, the Texas Service Center will begin processing Form I-129, Petition for a Nonimmigrant Worker, for certain H-1B cap-exempt petitions requesting:
Added to the backlog woes is the spike in denials of naturalization applications "The grounds for denial are unpredictable, they could even relate to errors made when obtaining H-1B visas or green cards. This adds to the uncertainty," said Rajiv S Khanna, managing attorney at Immigration.com. " An entrepreneur had sponsored a green card for an employee without mentioning that he was a distant relative. He thought it was immaterial as the relationship was so distant. Today, this entrepreneur is unable to become a US citizen," Khanna said.
WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) today announced a new strategy known as eProcessing to accelerate USCIS’ transition to a digital business model. eProcessing will be a complete digital experience, from applying for a benefit, to communicating with USCIS, through receiving a decision on a case.
“The term speciality occupation is defined in the Immigration and Nationality Act, so a definition change cannot be brought about by mere agency regulation,” Rajiv S. Khanna, managing attorney at Immigration.com told TOI.
“Unfortunately, the definitions of employment and employer-employee relationship are not provided in the statute. That definition can be tinkered with. But to what degree it can be redefined remains to be seen,” he adds.
FAQ's: H-1B unpaid leave or time off, What to expect from H-4 EAD revocation, Options for career or school - while employment-based green card is pending, Impact on green card of job promotions
Rajiv S Khanna, managing attorney at immigration law firm Immigration.com, said it could take as much as a year for the visa programme to get scrapped. "The process is currently at the second last stage. Once it is approved here, it will be posted in the federal register and people will have 30 or 60 days to post comments, following which the regulation will be made final," said Khanna. The administration is obligated to comment before publishing and implementing the final rule, a process that could take several months, he added.
1. I got my H1b approved for a period of one year only and expires on Oct 27th, 2019. I work through a consultancy. Any precautions I can take in the future which can help me getting the H1b approved for 3 years in the upcoming H1B extension after Oct 27th, 2019. <br>
2. Any particular documents needed for getting the H1b approved for 3 years?<br>
3. If I go for stamping, do I need to be careful with social media at the port of entry? Any tips or recommendations you can give with reference to social media during port of entry? <br>
4. My EB2 priority date is Feb 4th, 2015 and I'm planning to marry a girl who is a Nepal citizen and she's on OPT right now. Can I move my priority date to EB2 Nepal category after marriage? If yes, what would be my next steps - how soon can I file for I-485 interview?
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.
However, even if this proposal goes through, it would take a while for it to take effect. "The process is currently at the second last stage. Once it is approved here, it will be posted in the federal register and people will have 30 or 60 days to post comments, following which the regulation will be made final," Rajiv S. Khanna, managing attorney at immigration law firm Immigration.com, told the Economic Times. The administration is obligated to comment before publishing and implementing the final rule, a process that could take as much as a year, he added.
PERM Processing Times (as of 05/31/2018)
WASHINGTON — U.S. Citizenship and Immigration Services (USCIS) began issuing redesigned Certificates of Citizenship and Naturalization today, following a successful pilot in four USCIS field offices and one service center. The redesign of these eight certificates is one of the many ways USCIS is working to combat fraud and safeguard the legal immigration system.
WASHINGTON—Starting June 1, benefit-granting agencies using U.S.
I am currently working on L1B with company A and I received my H1B I-797 last year from same company A, but didn’t do the conversion to it yet.
I want to change to company B in regards to which I have the below questions:<br>
1- What is the process of switching the visa, and does it need me to setup an interview appointment?<br>
2- If yes, does this have to be out of USA and in my home country?<br>
3- Do I need to get the stamping for H1B with company A before moving to company B? Or can I switch to company B without going for H1B stamping for company A?
FAQ: How does one change status while within the United States?
Video Transcript
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.
As previously announced, USCIS began accepting H-2B petitions on May 31, 2018, under the temporary final rule increasing the numerical limit, or cap, on H-2B nonimmigrant visas by up to 15,000 additional visas through the end of fiscal year (FY) 2018.
USCIS recently updated the following USCIS form(s):
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