Guestbook Entry for Sameer, United States
Name
Sameer
Country
United States
State
Texas
Search
Green Card holder stuck outside the US for more than a year
Question details
I am a US citizen who Sponsored my fathers green card in 2010. His green card is expiring oct 2020. He had to stay in India since Jan 2019 due to health conditions. With the Covid pandemic situation and his age (81) and health conditions, he is not able to travel back to the united States before the green card expiry. My father does not have any family in India to take care of him and will have to come here so that my brother and I can take care of him. What are our options for avoiding the expiry of the green card? Secondly, is there a 60 day extension on the expiry date due to Covid 19?
FAQ Transcript
You should try to get in touch with the consulate and send them emails, etc., asking them their guidance and that way you have at least some proof that you are trying to get back into the USA on time, but if it goes past one year it can't be helped, you can always start a new green card if you like, not too many options here.
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.
Priority date and original I-140 approval notice
Question details
I am currently on H1B visa (3rd year) and a few days back I got my I-140 approved in EB-2 category. I want to know if I can change my employer and retain my priority date.
FAQ Transcript
So once again the priority date is yours the moment the I-140 is approved whether it is revoked the very next day, but if it stays unrevoked for 180 days whether or not you're with the same employer you also carry forward the right to extend your H-1B
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.
USCIS Forms Update Notice
USCIS recently updated the following USCIS form(s):
Rajiv's News Clips - Court strikes down Trump admin's H-1B restrictions- Times of India
Published by : Times of India - Date: December 02, 2020
Rajiv's News Clips - US Senate passes Bill to do away with country-caps on employment-based green cards; hurdles remain - The Economic Times
Published by : The Economic Times - Date: December 03, 2020
Dec 3, 2020 Recording of Free Community Conference Call (Every Other Thursday)
Nonimmigrant Visas
Green Card
Substantial transcription for video
Discussion Topics, Dec 3, 2020
FAQs:
H-1 Visa and Spouses H-4 EAD Expires at the Same Time - What are the extension options?
1) How long does I-485 EAD approval take?
2) Once spouse gets I-485 EAD , Is it ok if she starts working on I-485 EAD ? Does that impact my H1B status ?
3) On January 2021 my company is ready to file my H1 extension and her H4 and H4 EAD , is that ok to apply if our I-485 is pending ? What will happen to her I-765 (C) (9) since we are applying H4 EAD too.
4) If she get H4 EAD approval then she will have two EADs , Which one to use and how ? Is it ok to have two EADS ?
5) My wife's company is also ready to apply her H1B (as she was already on H1B till 2016 and she was only on H1B for 2.5 year), If her company applies her H1B , do we have to worry about anything related to Pending I-485 application?
Other Topics :
Trump's Immigration Order on Green Card Application for Parents || Furlough and Applying for Unemployment Benefits || Will a Misdemeanor Conduct Obstruct the Application for a Tourist Visa for my Brother? || US Green Card Holder to be Married to a Canadian PR - Repercussions || EB-2 Green Card Backlog and Family Based Green Card Spillover Due to the Immigration Executive Order || Transfer of H-1B to a New Employer and Keep the Green Card Going || Implications of H-1B Visa Salary Reduction when Changing Jobs in the Future || Occupation Column of Form G-325A Regarding I-485 || EB-2 to EB-3 Downgrading and 180 Day Requirement || H-1B Extension and Impact on Green card Processing when Dates are current || I-485 interviews in the Year 2021, Expedite of a Pending L-1 based AO and Mandamus Petition
Rajiv's Article - Immigration law meets Facebook: Decoding the discrimination lawsuit against the social media giant - The Economic Times
Published by: The Economic Times - Date: December 11, 2020
USCIS Extends Flexibility for Responding to Agency Requests
In response to the coronavirus (COVID-19) pandemic, U.S. Citizenship and Immigration Services is extending the flexibilities it announced on March 30, 2020, to assist applicants, petitioners, and requestors who are responding to certain:
Pending I-485 Petitions and 180 Day Portability Rule
Question details
1) My I-140 approved one Aug 2020. Filed I-485 in Oct 2020. Pending application less than 180 days No GC EAD yet. In this situation if my job is terminated for some reason, what will happen to my I-485 application ?
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2) After getting GC EAD and AP and before final action dates becomes current can I go outside USA and work for same employer who filed my I-485 or any other employers using EAD or needs to stay and work in USA until my GC is approved.?
Watch the Video on this FAQ: Pending I-485 Petitions and 180 Day Portability Rule
Video Transcript:
1. I think you should be comfortable as long as your I-485 revocation does not get triggered off.
FAQ 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.
Rajiv's Article - View: Are H-1B programmers “normally” professional? - The Economic Times
Published by: The Economic Times - Date: December 23, 2020
Synopsis
Visa Bulletin For January 2021
Agency
Green Card
Guestbook Entry for Amrita Sunkuru, United States
Name
Amrita Sunkuru
Country
United States
State
TX
Comment
Recently worked with Pavithra Madhanakumar in Law Offices of Rajiv S. Khanna for my parents B1/B2 extension of stay. The entire process was seamless. Pavithra was very responsive to our queries and kept us informed of our next steps throughout the way. Very happy to have associated with this firm. Every member in the team seemed invested in our case and provided valuable guidance. Would love to associate again in the future.
H-1B lottery layoff before start, Automatic status change, Multiple filings, and Traveling
Question details
Case: Picked for H1B lottery.
- What happens if the company lays off after June but before October 1? Would I stay on my current visa status? Or will I be on H1B but with a 60-day timeline to find the next job?
- Does the status automatically change to H1B on Oct 1? or does immigration require paystubs for a couple of weeks to prove our employment?
- If I file the petition with two companies separately, how will immigration decide which one to approve? Will they approve both?
- Are there any travel restrictions from June to Sept
FAQ Transcript
In this scenario, you won't be on H-1B status with a 60-day grace period to find a new job.
Layoff during Self-NIW application, changing jobs with NIW not yet filed, pending or approved
Question details
I started the self-NIW application while working with employer A, but for some reason, I could not file the petition. Later I got laid off from employer A and now I'm working with employer B.
I want to restart the NIW application. Questions:
1. Since I got laid off with employer A, will that be a challenge/red flag in my petition?
2. It's only been one month with employee B. Shall I wait some time at company B to restart my NIW application? or doesn't it matter?
FAQ Transcript
Answer 1. Being laid off is not a challenge/red flag.
Answer 2. There's no reason it should be. You don't need to wait to restart the application. You can file it even though you've only been with employer B for a month.
What is Cap Gap Extension? How does it work?
Question details
1) Is H1B cap-exempt to H1B lottery-based considered a change of status?
2) If I currently have an H1B cap-exempt visa and am filing for an H1B petition in June, when can I not travel outside of the US - from now to June, June to Petition Approval, or from Petition Approval to Oct ? My current H1B visa would be valid until Nov.
FAQ Transcript
Yes, potentially. It allows you to work while your STEM OPT expires (April 30th in your case), and your H-1B petition is pending, extending your work authorization until October 1st.
Visa Bulletin For June 2024
Number 90
Volume X
Washington, D.C
A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS
This bulletin summarizes the availability of immigrant numbers during June for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.
Agency
Green Card
Immigration Law
USCIS Celebrates Its Employees During Public Service Recognition Week
Release Date
WASHINGTON — U.S. Citizenship and Immigration Services is honoring its dedicated workforce during Public Service Recognition Week (PSRW) 2024. Celebrated annually during the first full week in May since 1985, PSRW is a time set aside to honor those who serve the nation as federal, state, county, and local government employees.
USCIS Celebrates National Teacher Week
U.S. Citizenship and Immigration Services (USCIS) has a collection of helpful resources and free study materials to help educators who teach adult citizenship education classes. Visit the USCIS Citizenship Resource Center to help find materials that can help you build curriculum and supplement classroom study materials.
Centralized Intake Processing of VAWA Self-Petitions and Related Filings at the Nebraska Service Center
Release Date
Effective April 1, 2024, USCIS centralized the intake process of Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, and related filings under the Violence Against Women Act (VAWA) for self-petitioning abused spouses, children, and parents at the Nebraska Service Center.
USCIS Clarifies Policy on Location of H-3 Training
Release Date
USCIS has issued policy guidance in the USCIS Policy Manual clarifying when H-3 nonimmigrants may participate in training provided on the property of an academic or vocational institution.
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.