We filed a petition premium processing for a self-petitioning researcher. The petitioner had over 15 years of research experience in the nanotechnology field. He had an extraordinary research career which included 52 scholarly scientific articles with over 1,020 citations of his work. His publications were featured in numerous high impact international journals. In addition to his noteworthy research publications, the petitioner was a highly sought after reviewer for a multitude of prestigious, international scientific journals. He was also selected to an editorial board.
U.S. Citizenship and Immigration Services (USCIS) recently began transferring some extension of stay casework from the Vermont Service Center to the California Service Center to balance workloads. The affected casework includes the following form:
All immigrant visa applicants now must complete the DS-260 online immigrant visa application at https://ceac.state.gov/ceac and login tohttp://www.ustraveldocs.com/in to schedule an appointment at Visa Application Center(VAC) for biometric fingerprint and photograph
Rajiv was very generous in providing the right guidance in resolving my H-1B salary issues. Prior to contacting Rajiv, another immigration attorney tried to represent me on a fee basis to help reclaim my salary. Rajiv offered his free consultation over the phone. He asked to me to do it by myself with the Depart of Labor. This happended six months ago. I just got some time this afternoon to go to the SF office of the DOL. The DOL will commence an investigation, which I believe should help me get my unpaid salary. Thank you, Rajiv!
Does the USCIS make a distinction as to whether a specialist physician works in a Medically Underserved Area vs Health Professional Shortage Area versus Physician Scarcity Area? My job falls in MUA, HPSA but not PSA , is this a problem for a specialist?
NIW requires "You must serve either in a Health Professional Shortage Area (HPSA), Mental Health Professional Area (MHPSA – for psychiatrists only), a Medically Underserved Area (MUA), or a Veterans Affairs facility, or for specialists in a Physician Scarcity Area (PSA)."
Is there a direct way for me to get a green card or apply for EB-3 without my employer's support? My employer is unwilling to support me for any working visa and I am already out of the status due to this.
Three options: Extraordinary Ability Aliens, National Interest Waiver and Investment (EB-5).
I have questions related to I-140 denial & refile.
My first I-140 got denied in Jul 2013 due to 'unknown' reasons to me, but I suspect it's A2P. After 2 years now they told me that they are refiling it and will not lose the PD if approved. They didn't ask any info from me. Now my questions are:
1) Is it possible to 'refile' I-140 with same old PERM after 2 years of first I-140 rejection?
2) How many times can we 'refile' I-140 on same PERM?
3) Can we do 'refile' under premium?
FAQ Transcript:
The rule is once PERM is approved the I-140 must be filed within 180 days. If you do not then your PERM is extinguished and you will have to start all over again. However if you file I-140 within 180 days and then for some reason you have to file again, then 180 day limit does not apply. Let me give you an example: Let us say you’re I-140 was denied, you filed it within 180 days and you forgot to submit an education evaluation or because of some technical reason or a serious reason such as the inability of the employer to prove that they have the capacity to pay your wages. You can file an I-140 three years down the line. You are no longer confined to the 180 day deadline because when the first time around when you filed you were confined to the 180 days deadline.
Now the answer to question 1: Yes.
The answer to question 2: No limit that I know of as long as it is done in good faith.
The answer to question 3: This is a tricky question. USCIS has said if you still have the original of the PERM and it has not been archived then they will take the premium processing only if they have the originals in their possession. If it was never submitted or if the case has been shelved they will not take premium processing.
Note: Where transcribed from audio/video, 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.
I would like to thank Mr. Khanna and his staff, especially Prerna and Richa in handling my green card processing. They are very professional, diligent and meticulous in their work. I trust them completely, they have always advised me in my best interests from a legal stand point. I would recommend their office for any immigration related issues without hesitation and I am glad that I went to them. Their responses have been very timely and that's one less issue to worry about. Thanks again.