Guestbook Entry for Giridhar Tanjore , United States
Name
Giridhar Tanjore
Country
United States
State
OH
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Guestbook Entry for Roshan D'Souza, United States
Name
Roshan D'Souza
Country
United States
State
WA
Guestbook Entry for Aravinth Kaliappan, United States
Name
Aravinth Kaliappan
Country
United States
State
MD
Guestbook Entry for Dilbagh Gill , United States
Name
Dilbagh Gill
Country
United States
State
NJ
Guestbook Entry for Rajesh Nair, United States
Name
Rajesh Nair
Country
United States
State
MN
Options after layoff on approved EB-1 - Compelling circumstances EAD and GC EAD conversion
Question details
I got my EB1A approved and am in the process of filing my I765 and I485 concurrently, since my date for EB1A is current, but unfortunately I got laid off now,so what is my option? Can I file a compelling Circumstances EAD and continue working once my Compelling circumstances EAD is approved and convert to GC EAD once GC EAD is approved? Or file a B2 visa and once GC EAD approval comes, can I work? Can kids go to school during my Compelling circumstances EAD approval after the grace period?
FAQ Transcript
If you have an approved EB-1A and your priority date is current, you can file I-485 without needing a specific job, as long as you intend to continue working in your field. A Compelling Circumstances EAD is not an option since it is only available when dates are not current. Consult your lawyer, but you should be able to proceed with your I-485 filing.
NIW I-485 rejected: Refiling options and priority date usage?
Question details
1. If NIW I485 is rejected. Can we refile I485, or need to start a new NIW case from I-140 stage?
2. NIW I485 is rejected. If I refile the new NIW and it is approved, can the previous NIW's priority date be used for this new NIW's AOS?
3. How will the Trump administration affect NIW I485 cases? Would you suggest any precautions?
4. Can petitioner file multiple NIWs simultaneously with different endeavors?
FAQ Transcript
If your NIW I-485 is rejected but your I-140 is still pending or approved, you can refile the I-485 without starting a new NIW case. However, consult your lawyer for any case-specific nuances.
If you file a new NIW and it gets approved, you can use the priority date from a previous NIW only if the prior I-140 was approved.
As for multiple NIW filings for different endeavors, it is theoretically possible but may weaken your case by making it appear unfocused.
H-1B Quota 2025
We recommend that the H-1B lottery registration process should be planned and initiated now to ensure that it is ready to be submitted once the registrations open from noon Eastern on March 7, 2025 through noon Eastern on March 24, 2025. During this period, prospective petitioners and representatives must use a USCIS online account to register each beneficiary electronically for the selection process and pay the associated registration fee for each beneficiary.
Recording for February 06, 2025, Conference Call with Rajiv S. Khanna
Immigration.com
FAQs:
1. Laid off on EAD from EB1A, can I start an UNRELATED teaching business?
2. Can I travel on Advance Parole?
3. Can I delay using an H-1B visa to utilize the STEM extension period?
4. H-1B specialty occupation for MS in UX Design (STEM)
Visa Bulletin For March 2025
Number 99
Volume X
Washington, D.C
A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS
This bulletin summarizes the availability of immigrant numbers during March 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
Trump Administration - What to expect | Immigration updates - H1B Visa, OPT, Green Card
Nonimmigrant Visas
Green Card
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
mmigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
Rajiv's Comments in the News - America’s SC: Courts need not defer to federal agency decisions – it’s a mixed bag for the Indian diaspora
Published by: The Times of India: July 04, 2024
http://timesofindia.indiatimes.com/articleshow/111484076.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst
Quotes and Excerpts from Rajiv in the article:
Visa Bulletin For August 2024
Number 92
Volume X
Washington, D.C
A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS
This bulletin summarizes the availability of immigrant numbers during August 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
PERM Processing Times (as of 07/01/2024)
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | June 2023 |
| Audit Review | December 2022 |
| Reconsideration Request to the CO | September 2023 |
Agency
Green Card
Immigration Law
USCIS Form Update: G-1055, Fee Schedule
USCIS recently updated the following USCIS form:
07/10/2024 09:23 AM EDT
Edition Date: 07/10/24. You can find the edition date at the bottom of Form G-1055, Fee Schedule page.
For more information, please visit the Forms Updates page.
Recording for July 11, 2024 Conference Call with Rajiv S. Khanna
Nonimmigrant Visas
FAQs: Eligibility for 1-year H-1B extension under 365-day rule based on PERM filed on November 1, 2023 || Assessing eligibility and strengthening profile for EB2-NIW application without a research background
New Policy Guidance on Noncompliance with EB-5 Regional Center Program
Release Date
07/16/2024
USCIS is issuing policy guidance on new provisions in the Immigration and Nationality Act (INA) that cover consequences for noncompliance with the EB-5 Regional Center program.
Eligibility for 1-year H-1B extension under 365-day rule based on PERM filed on November 1, 2023
Question details
My PERM was filed on November 1, 2023, and my current visa expires on October 10, 2024. Am I eligible to apply for a one-year extension based on the 356-day rule? If so, is July a good month to apply for a one-year extension?
OR do I need to travel back to my Country and apply for an extension after 1st November 2024?
FAQ Transcript
H-1B extensions beyond 6 years are possible through an approved I-140 or a PERM labor certification pending for 1 year. For PERM-based extensions, you can apply before the 1-year mark, but the extension only becomes effective after a full year. For example, if your PERM was filed on November 1, 2023, and your current H-1B expires in October 2024, you could apply for an extension in July 2024. However, the extension would only be effective from November 1, 2024. You may need to leave the country temporarily if there's a gap between your current H-1B expiration and the extension's effective date.
Assessing eligibility and strengthening profile for EB2-NIW application without a research background
Question details
I'm from Bangladesh and am pursuing a non-thesis Master’s degree in Civil Engineering at Texas A&M University. My area of specialization is Geotechnical Engineering. I’ll graduate with my degree in May 2025 after completing a co-op with one of the top Engineering and construction companies in the United States. The company also offered me a full-time position after my graduation so that I could continue my work with them. Many PhD candidates from my country with a master's degree are applying for EB2-NIW using their citations and research experience.
1. Since I lack a prominent research background (basically, I have no experience at all in terms of publication/citation), do I have a chance of getting approval for EB2-NIW?
2. Is citation/research compulsory for EB2-NIW to get approved?
3. If I want to apply in the future, how should I prepare my profile to increase my chances? I’m more interested in working in the industry than in research and academia.
4. I want to mention that, from my experience, there is a huge demand for geotechnical engineers in the civil engineering industry, but not many people, especially Americans, are pursuing this major. Can I use this fact to show national interest?
FAQ Transcript
The key is to emphasize activities and achievements that demonstrate your potential to contribute significantly at a national scale. Your profile should highlight projects or initiatives that have a broad, national-level impact, as this aligns closely with the NIW criteria.
Rajiv's Comments in the News - Startup founders upbeat on US visa tweak despite big hurdles in process
Published by: The Economic Times: July 16, 2024
https://economictimes.indiatimes.com/tech/startups/startup-founders-upb…
Quotes and Excerpts from Rajiv in the article:
The programme provides only temporary parole for up to five years, not a path to permanent residency, said Rajiv Khanna, managing attorney at Immigration.com.
USCIS to Begin Triennial Investment and Revenue Threshold Updates for International Entrepreneur Rule
Release Date
07/24/2024
Effective Oct. 1, 2024, USCIS will increase the investment and revenue thresholds under the International Entrepreneur Rule, as required every three years. The application fee will not change, however.
Background
India’s Immigration Structure: Navigating Opportunities in a Growing Economy
India’s Immigration Structure: Navigating Opportunities in a Growing Economy
By Julia Ballou
Recording for July 25, 2024 Conference Call with Rajiv S. Khanna
Citizenship and Naturalization
Nonimmigrant Visas
FAQs: Naturalization eligibility for recent extended absences over six months and less than one year from the U.S. || H-1B Grace Period Related Issues