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Release Date
U.S. Citizenship and Immigration Services reminds affirmative asylum applicants that, starting Sept. 13, 2023, you must bring an interpreter to your asylum interview if you are not fluent in English or wish to proceed with your interview in a language other than English.
FAQs: Do Canadian citizens need US visas? Canadian citizenship and F-1 Exploring permanent work and stay options in the U.S. for Canadian Permanent Resident Preparing for birth certificate issues in USCIS applications: Affidavits, DNA tests, and timing considerations H-1B approved after the lottery, can we change employers? Multiple employers in H-1B lotteries Paystub requirement for H-1B transfer eligibility: Is it mandatory? Delays in marriage-based immigrant visa processing: Expedite options and travel issues
You will not find a more committed team of attorneys to work on your case! The level of attention, expertise, and care is second to none. I am very thankful for the support I have received from this legal firm.
Number 82
Volume X
Washington, D.C
A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS
This bulletin summarizes the availability of immigrant numbers during October 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.
Release Date
Weeklong celebration highlights naturalization ceremonies and new initiatives
WASHINGTON—U.S. Citizenship and Immigration Services will celebrate Constitution Day and Citizenship Day by welcoming more than 6,900 new citizens in over 130 naturalization ceremonies across the nation between Sept. 17 and Sept. 22.
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Immigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
Rajiv Khanna Blog: http://www.immigration.com/blogs
Twitter: https://twitter.com/immigrationcom
Facebook: https://www.facebook.com/immigrationd...
Linkedin: http://www.linkedin.com/in/rajivskhanna
Source: https://www.ice.gov/doclib/sevis/pdf/COVID19_FAQs.pdf
Also useful: https://studyinthestates.dhs.gov/stem-opt-hub
Processing Queue | Priority Date |
---|---|
Analyst Review | October 2022 |
Audit Review | June 2022 |
Reconsideration Request to the CO | December 2022 |
I will be eligible for my Canadian citizenship in March 2024 and will be pursuing a master's in the US for the fall 2024 intake. Do I have to get the F1 student visa stamped on the Indian passport (as the Canadian passport will take some time to process)? If yes, do I need to go to India to get the F1 visa stamped, or can I get it from a US consulate in Canada?
The processing time for the Canadian passport might be longer, so I suggest you check with the consulate. This situation appears unusual to me. In my understanding or recommendation, the law implies that once you take the oath of naturalization, it's the same as in the USA. I'm unsure about Canada's specific rules, but when you take the naturalization oath, you typically cease to be a citizen of any country except Canada.
You may need to explore options to expedite your passport application, perhaps by paying emergency fees or any other required charges. I believe you should be able to enter the United States with a Canadian passport and an I-20 without needing a visa. Canadian citizens usually do not require a visa for entry.
As a Canadian PR and having completed my post-graduate studies in Canada along with five years of Canadian work experience (HR), are there any specific visas I can apply for to work and stay permanently in the US? I will be eligible for my Canadian citizenship in March 2024.
A Canadian immigrant doesn't enjoy any special advantages over others. However, once you attain Canadian citizenship, numerous new opportunities become available. For instance, you become eligible for Treaty Trader and Treaty Investor visas like E-1 and E-2, as well as TN visas. Additionally, for most visa categories, you don't actually require a visa stamp. As a Canadian citizen, you can enter the United States without a visa, except for E visas and K visas. Visas such as F-1 and tourist visas typically aren't necessary; you can simply arrive at the border or airport with your Canadian passport. That's how the process works. It's important to note that being a permanent resident of Canada doesn't provide any advantage in the United States.
U.S. Citizenship and Immigration Services (USCIS) announced that it is exempting the biometric services fee for Form I-539, Application to Extend/Change Nonimmigrant Status.
Quotes and Excerpts from Rajiv in the article:
My son-in-law was interviewed at the US Consulate in Frankfurt in May 2023 for a marriage-based immigrant visa. They have requested his CV with traveling details for further processing. His case has been in Administrative processing for well over 90 days. I have two questions:
1. Is anything can be done to expedite the process?
2. He has traveled to the US on a B1/B2 visa four times prior to his interview from Germany. Is there any problem with him traveling to the USA to visit his wife while his case is in Administrative processing?
Regarding his previous B1/B2 travel history to the U.S., there shouldn't be an issue with further travel while his case is in administrative processing. Although there's a slight possibility of being turned away at the airport, Customs and Border Protection usually treats spouses of U.S. citizens with consideration.
To avoid potential travel hassles, your son-in-law can clear U.S. immigration at Dublin Airport, which offers a more convenient option.
A general question on birth certificates for any case. If there are issues (like errors in names, spellings, etc.) and we know this upfront during/after the documents were submitted to USCIS, is it better to wait until the application is processed and an RFE is sent to us, or it is better to prepare affidavits from relatives (as secondary evidence) mentioning correct details of birth and keep it ready. The reason I am asking this is, sometimes getting affidavits in a short duration when the RFE is sent might not be feasible as relatives may not be available, maybe in different places, or may have even passed away.
Will USCIS accept affidavits by relatives prepared in the past, before the RFE was sent? Or is it only possible to prepare affidavits based on the specific questions raised in the RFE?
Also, how about a DNA test to prove relationships, can this be done and kept ready even if there is a likelihood of RFE in the future? Is this acceptable or should it be done only after an RFE is received for USCIS to accept the validity of this? This is again to save time, as there may not be sufficient time to get it ready during the RFE period, especially when applicants or beneficiaries live in different countries etc.
It is better to address these issues proactively rather than waiting for a Request for Evidence (RFE). While it's advisable to be prepared in advance, if an RFE introduces new concerns, you'll need to address them. However, this doesn't imply that the affidavits you prepared several months earlier will suddenly become problematic. If the affidavits are relatively recent, say one or two years old, it wouldn't be a problem.
Consider this scenario: If you had a spelling name issue and obtained one or two affidavits explaining it, and then the RFE raises this issue along with another one, you can simply provide supplementary documentation. The documentation you've already provided doesn't lose its validity just because the government posed additional questions.
In our practice, we only resort to preparing for a DNA test if it becomes the last resort because it can be quite expensive. I'm not certain about the exact cost, but we typically wait until the government explicitly asks for it.
Question 1: Can my H-1B be approved after the lottery, and can I change employers?
Question 2: Do I need pay stubs for an H-1B transfer?
Question 3: Can I have multiple H-1B employers?
Answer 1 : While there's no official answer, in our experience, you can transfer your H-1B even before October 1st when it's approved in August. No need for pay stubs from the previous employer, based on our experience.
Answer 2: If you never joined the employer, you won't have pay stubs, which is acceptable. Even if you join and leave the employer on October 1st without a paycheck, that's fine too.
Answer 3: Multiple employers are generally allowed unless they're connected or conspiring to manipulate the lottery, which is not allowed.
I had the privilege of working with Rajiv Khanna as my immigration attorney, and I couldn't be more pleased with the outcome. From the first meeting with him and Kalpanaji, I felt confident that I was in capable hands.
Rajivji demonstrated an impressive depth of knowledge in immigration law, which was evident in every aspect of my case. They guided me through the complex immigration process, providing clear explanations and expert advice at every turn.
What sets Rajiv Khanna team apart is their dedication and commitment to their clients. They showed genuine care and empathy throughout the entire process, taking the time to listen to my concerns and address them promptly. This level of personalized attention made me feel valued and supported during what can be a stressful and uncertain time.
Additionally, Rajiv Khanna’s office was highly responsive and accessible. I never had to wait long for a response to my emails or phone calls, and they were always willing to provide updates and answer any questions I had.
Thanks to Rajiv Khanna's expertise and hard work, my immigration case was successful, and I am now in the United States on a Business Visa. I wholeheartedly recommend Rajiv Khanna to anyone in need of immigration legal services. They are not just a lawyer; they are a dedicated advocate who will go above and beyond to help you achieve your immigration goals.
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
In this scenario, you won't be on H-1B status with a 60-day grace period to find a new job.
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?
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.
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.
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.
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.
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.