USCIS has revised Form I-539, Application to Extend/Change Nonimmigrant Status and will publish the revised form on the website on March 11, 2019. Starting on March 11, 2019, USCIS will only accept the revised Form I-539 with an edition date of 02/04/19.
We filed a Form I-140 petition for a professional cricketer in the EB1A category. This immigration preference category is for foreign nationals of extraordinary ability in the sciences, arts, education, business, or athletics. After receiving an RFE questioning the applicant’s eligibility, we responded with documentation evidencing that the applicant has a level of expertise indicating that he is one of that small percentage who have risen to the very top of the field of endeavor.
Our client received a request for evidence, questioning its ability to pay all beneficiaries it petitioned for. We reviewed the company’s tax returns and other relevant financials, and demonstrated to USCIS that the unique totality of circumstances of this particular employer warranted approval.
Me and my wife would like to thank Rajiv, Diane and the rest of the team involved for the meticulous work done. In today's scenario, willingness to take up my case and delivering nothing but positive results, we feel extremely humbled and grateful. My employment based green card process once transferred to Rajiv and team went very smooth and quick . It just took about a year and a half from process initiation to green card in hand.
Special shout out to Diane for taking our calls and queries and calming us down at all times.
Highly professional team, who genuinely care. Highly recommend this team for your immigration needs.
Applicant sought out our firm after receiving a misrepresentation finding against him at the consulate for visa stamping. We reviewed his file and were unable to ascertain any factual basis for the fraud/misrepresentation finding. We began directly corresponding with the consulate, and requested information from various government agencies In addition, we consulted with The Office of Visa Services (Visa Office) within the Department of State’s Bureau of Consular Affairs .
USCIS recently updated the following USCIS form(s):
Topics of Discussion: Reentry permit|| OPT STEM extension|| I-485 RFE and EAD Card|| F2A priority date and filing I-485|| Apply for COS to F-1 visa|| Convert to O1 visa and then to GC|| Passport Impounded in INDIA: H1B Visa status invalid?
USCIS will resume premium processing on Tuesday, March 12, for all H-1B petitions. If you received a request for evidence (RFE) for a pending petition, you should include the RFE response with the premium processing request.
My previous employer deducted half of my monthly salary and put deduction under loan in salary sleep. I never took any loan from him or never signed any document. Previously he asked me to pay all H1b expenses in email which i refused and seems like he has deducted amount as retaliation of my resignation. Can he take bonus back as loan(deduction he mentioned in salary slip as loan) from my salary which was given to me in 2016 and 2017? if he can then I don't have anything to claim.What are my legal options considering I never took any loans? is it worth fighting him considering my H1b status and can he harm me with my status or application (which he intend to do as he said in 1 to 1 meeting) ?
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.
Rajiv S. Khanna, managing attorney at Immigration.com told TOI: “Anecdotally, from our own clients, we see difficulty in hiring qualified people in STEM professions. Several of our clients have opened offices in Canada, simply because US immigration policies are implemented by the current administration inconsistently, creating maximal difficulty, often beyond the boundaries of the permissible laws.” “We can see no rationale for any change in policy making it more difficult for US trained students to remain in the USA and for US businesses to hire and retain qualified people,” he adds.
Simple, smart changes to make the H-1B visa program work better
I recently got my Green Card. I'm planning to look for a part time job in addition to my full time job to make some extra money. Is it Legal to do this on Green Card without breaking any laws ?
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.
For employees who are coming from outside the United States, even though the premium processing will begin in June, it offers a great deal of comfort in knowing where a case stands. If the application is denied, which is quite common these days, there will be enough time to appeal or litigate it before the October 1 start date,” Rajiv S Khanna, managing attorney at Immigration.com told TOI.
I was planning on going to India for vacation (after I graduate, before I start work) and I had some questions about whether that would be alright from an immigration stand point. My lawyers are filing my H1B visa application this April; would there be any potential issues with the application if I was to leave the US in May/June?
There are multiple issues involved in traveling.
First, if someone travels while a change of status request is pending, they will have to obtain a visa stamping or reapply for an H-1B for change of status to activate the H-1B on or after October 1.
Second, getting visa stamping is by itself a highly uncertain process that could take from days to months. The consulates reopen and dissect the entire H-1B case from the ground up and try to find any reason they can to deny the case.
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.
We had reached out to Rajiv S Khanna's law offices on a recommendation from a friend to help us with filing a green card for our parents. From the initial conversation till after the GC approval, their offices have been extremely informative, responsive and professional. They went out of their way in making us comfortable, patiently responded to all our queries and guided us through the entire process. We are happy to say that the GC card was approved in the first go with no issues and thanks largely to the excellent up front preparation of the case/documentation. We would gladly recommend their services to anyone looking for immigration help. Heather Riddick, who helped us through the entire process was excellent to work with. Thanks again to Rajiv S Khanna and team for successfully guiding us through this process.
USCIS will begin accepting petitions for employment with start dates in fiscal year (FY) 2020 under the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker program (the CW-1 program) on April 4, 2019. However, all CW-1 filings for FY 2020 must include an approved temporary labor certification (TLC) from the U.S. Department of Labor (DOL). USCIS will reject any CW-1 petition with an employment start date on or after Oct.
Starting 05/20/19, USCIS will only accept the 01/31/19 edition. Until then, previous editions: 01/17/17, 12/23/16, 08/13/15, 03/26/15, and 10/23/14, can be used.
For more information visit this link: https://www.uscis.gov/i-129
PERM Processing Times (as of 2/28/2019)
My wife's I-140 was approved and I was also on her I-140. My non-profit employer also filed my PERM and is pending with USICS. If I have to switch employers before my I-140 approval and pending 180 days, I am assuming that my new employer would have to file my GC all over again. Given that I was on my wife's I-140, will I be eligible for H1 extensions after my 6yr period if I don't have my own I-140?
Also, can I change employers and my job roles once I have my I-140 approved and pending for 180 days?
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.
1. Wanted to check if on an EAD one could work for 2 companies. One sponsoring the GC (Maybe part time) and other full time.
2. Updated FAQ: I have a question in similar line. Currently I am on derivative EAD. My spouse is the main applicant and I got my EAD thru her company. She still works for the same company.
We (me and my friend) have started a company in India some time back. Now, I want to start our new office in the US. Will there be any legal implications? What kind of company I can start here.. LLC or Inc? Please advise.
1. Theoretically, you can work for as many companies as you like on EAD. My concern would be the implication that you no longer have a full time job with the sponsoring company, which is a requirement for the green card.
2. Since you are on a derivative EAD, you have even more freedom than the primary applicant. Other than an S corporation (I think that requires green card under tax laws), you can form any kind of corporation (LLC, etc.), but do check on the State law.
My self and my wife are on EAD and advance parole. My wife and I are from India.
I have to work in Switzerland on my company business for some time 6 months to a year – would that affect my EAD status in the USA. I would be working for the Swiss branch of my company.The assignment is short term 6-12 months.
This is however not the company with which I started my green card. I changed jobs when I got my EAD.
But I have several questions:
1. Can I even work abroad while on EAD status - short term, i am only talking 6-12 months. if this term is 11 months is that fine? Or do i have to work in the USA only while on EAD?
2. Do I need to maintain substantial presence in the USA while on EAD. And if so what is that term of stay.
3. Updated FAQ: My case is slightly different than the above one. Currently I am on Derivative EAD, which I got through my spouse's company. (I 485 pending and more than 180 days) I was on H1B and I got laid off in March 2009. I am still finding difficult to find a job in the US. I got an offer from a company in Canada. I know that I can work there once I get canadian work permit. My wife (main applicant and EAD holder) will be working for the same company in the US. My question is how often I can come to US with my Advance Parole? will there be any problem if I visit US often? Please advise.
1. An EAD is good to work on US soil only. If you wish to work in a third country, you have to look to their laws for work permissions. You should file an AC21 portability and make sure during your entire stay abroad you have at least your Advance Parole; preferable both your AP and H-1 visa.
2. As long as the permanent job continues to exist, there is no other requirement of presence.
3. I see no problem with visiting USA as often as you like.
My family did receive the green card through the extra ordinary ability (EB1) category. We have no words to say for the inspiring, exciting and excellent work done by Rajiv and Diane through the entire process. It took just about 8 months to receive the green card. In each and every step, we met many times through the conference calls with Rajiv and Diane and they explained the process clearly and precisely. Of course, we felt always that someone from our own family guiding us in the entire GC process.
I highly recommend reader's of this testimonial to consult Mr. Khanna's immigration experts for any immigration related legal issues at any time. You will be certainly pleased to find such a great friendly group of people that are well prepared to provide you the service you deserve. I really wondered sometimes that how Rajiv and Diane find time to respond quickly for an individual in addition to deal with the other clients. Dear Rajiv and Diane, our prayers to your whole team for your selfless service to us. In future, any of Rajiv's clients who wants to apply under extraordinary ability can reach me to share my experience.
My friend is working for NASDAQ listed company in US. We were in a discussion about the compensation details available for H1B employee if the company does a lay-off and he is affected due to it. He is on end of his 6th year and just got his 7th year extension.
If something like that happen(not that it should happen) but if that happen what are the compensation he is entitled to get from the company, apart from 2 weeks pay.
There is no special protection of compensation under H-1 laws once employment is terminated. Under immigration laws, the employer is required only pay for a one-way ticket back to your home country. The protection, if any, comes from employment contracts.
I would highly recommend the services of Rajiv Khanna for any immigration issues. They were successfully able to process my green card even though I had stopped working for the sponsoring company for about a year.