Quotes and Excerpts from Rajiv on the article:
"The newly introduced proposal, in the context of applicability to the Indian diaspora in the US, will cover citizenship applications, applications for adjustment of status filed by those in the USA seeking to obtain green cards (such as H-1B workers, or those on intra-company transfers holding an L-1 visa). It will also apply to green card holders seeking re-entry permits (who wish to stay away from the US for two years)," explains Arlington-based Rajiv Khanna, Managing Attorney at Immigration.com
Discussion Topics:
FAQ: What if H-4 EAD's are revoked by the USCIS || Working on other projects while on H-1B|| Multiple H-1B approvals
Others: F-1 OPT, GC for parents, H1B RFE regarding Specific Specialty
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced a proposed regulation to improve the process for granting or denying an initial application for employment authorization documents (EADs) by reforming the current 30-day timeline pertaining to pending asylum applicants.
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) Acting Director Ken Cuccinelli issued the following statement on the Supreme Court’s decision to permit the enforcement of the Trump Administration’s asylum rule requiring asylum seekers to seek protection in at least one third country they traveled through en route to the United States.
WASHINGTON—USCIS announced that it will celebrate Constitution Day and Citizenship Day by welcoming nearly 34,300 new U.S. citizens during 316 naturalization ceremonies across the nation between Sept. 13 and 23.
Quotes and Excerpts from Rajiv on the article:
“Technology is our only edge in the commercial world and if we lose that, we fall behind. In order to maintain and enhance this, we need a system to attract and keep STEM graduates,” Rajiv S Khanna, Managing Attorney at law firm Immigration.com, said.
For more on this news please see the attachment.
My wife currently working on H4 EAD which is valid till October 2020. Her company filed for H1B this year and she got approval for 3 years starting 10/01/2019.
However, She would like to stay on H4 EAD. Does law permits her to work on H4EAD even after her H1B approved? or naturally her work visa status will convert to H1B effecting 10/01/2019?
Watch the Video on this FAQ: Effect of H-1B approval on H-4 EAD
Video 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.
USCIS will consider certain fiscal year (FY) 2020 CW-1 petitions seeking an extension of status for temporary workers present in the Commonwealth of the Northern Mariana Islands (CNMI) to be filed on time, even if USCIS receives them after the worker’s current period of CW-1 petition validity expires.
Discussion Topics, Thursday, 19 September, 2019
FAQ: Effect of H-1B approval on H-4 EAD || Travel during H-1B amendment and using old employer's visa stamp || For how many years is the H-1B quota exemption valid? || Can a GC pending EAD holder move locations?|| Should I maintain my H-1B after filing I-485 Adjustment of Status || Nonimmigrant visa for a partner in an unmarried gay couple || Impact of multiple pending H-1B
OTHER: Multiple H-1 and H-4 pending || H-1B holder and F-1 holder getting married|| Consequences of simultaneously two H-1B approvals || Impact on green card if working for two employers || Impact of withdrawing LCA || Cross chargeability spouse not present at I-485 interview || Expediting EAD || Working a US job from Canada remotely || Can an employer refuse to produce tax returns? etc.
I had to travel to INDIA because of my Father's serious health condition on FMLA. Currently my H1-B amendment is in process, so I am looking for my options to travel back to US. Below are complete details.<br>
I have moved to my current employer in April 2019 and I have approved H1-B for 3years.<br>
Now because I am changing client and location, they have filed amendment and it is currently under process.<br>
I don't have STAMPING with my current employer but I have STAMPING with my previous employer until end of 2019.<br>
During Job change from my previous employer I have applied for H4 and also change of employer. Both got approved and I revoked my H4 application.
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.
Quotes and Excerpts from Rajiv on the article:
Rajiv Khanna, Arlington-based immigration advocate says: “Many of the cases where a change to student status is requested do get approved. But there are also cases where it is rejected owing to the boilerplate reason that the student has the entire family in the US, therefore they have no ties to their home country.” “The life of a youngster and the family unity should not have to depend upon the 'benevolence' of an immigration officer,” he adds
FAQ: H-4 EAD filing while H-1 extension is pending; H-4 EAD. Converting from H-1 to H-4 EAD - good idea or not? H-4 EAD. Documents needed; name issues; processing times, etc.; H-4 EAD Expediting Possible?
Other Topics: Green card issues because of diseases; H-1 amendment with change of location; when is a degree considered to be completed;
My spouse is on H-1 visa and his former employer filed I-140 and then my spouse changed his employment to another employer and transferred his H-1, the I-140 has not been revoked by former employer. So my H-4 is with the former employer valid for three years, and current employer for my spouse has not filed H-1 for me. Is the H-4 from the former employer valid for file EAD or do I have to apply for H-4 again and what would be the documents that would I need to file H-4 EAD ?
Every time the H-1 holder changes job, the H-4 holder does not need to re -apply for H-4. Your H-4 is good. You don't have to have different H-4 for the employer. Of course, every time the H-1 holders change their job they have apply for new H-1 but as long as you never violated status and H-1 holder has never violated status that H-4 continued to be good from job to job to job, you are good.
Your second question was what document need to file H-4 EAD?
I got my H-1B petition approved last year, it got extended as well. I have never used any of these visas to work in the U.S. though I have travelled few times to U.S. but on B-1 visa for meetings with the customers. So the question is when do I become exempt from the H-1 quota?
In your situation when you are outside the USA, you become exempt from the H-1 quota when you get your visa stamped. So I think USCIS interpretation of law is faulty and incorrect, because in my view as soon as H-1 is approved you should be exempt from the quota but USCIS has taken the position that unless you get the visa stamped from the consulate we will not consider you exempt if you are outside the USA. So it appears to me that you should be exempt from the quota.
I just got my citizenship and now wants to apply for my younger sister, who is alone in India. I lost my parents few years back so she is all alone but she is above 18. Is there any way I as a brother and only relationship here in United States apply for her Green card in such a manner that she can be here in United States as soon as possible.
Siblings Green Card is like planting mango trees, in India we used to have saying that mango trees takes so long to bring fruit that one generation plants the tree and the second generation eats the mangoes. It's kind of that for sibling cases, it takes 13 years for the Green Card to come through and there is no way we can expedite that Green Card.
It has been a pleasure working with Rajiv and office for almost 8 years now. Each case has been given personal attention. Suggestions given for how to project tough cases. Team has always been supportive and meticulous. Cases are handled in a very professional way. Looking forward to be working with them for many more years.
I am on H-1B visa more than 6 years. I also have I-140 approved. However my H-1B is under renewal process. I do have 'receipt of notice' but not approval notice yet. Looking at the waiting time I don't think I will get H-1B approval along with renewed I-94 before May 26th 2015. I need to file EAD for my wife on 26th May.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/y6RtaKhuoIY
My I-140 was approved on Sept 2011. I came to US on 2008 beginning on L-1 visa and then my employer converted to H-1 visa. On February'15 I got an extension on my H-1 visa based on I-140 approval but I didn't get it for 3 years from Feb'15 rather I got it till Nov'16 (about 1 year 10 months). I am thinking to join another company now. What should I consider before I transfer my H-1 to employer B from employer A on my situation? My wife is on H-1 and it’s valid till 2018. I am also thinking my wife to apply H-4 EAD rather continuing on H-1. Is that going to be a better option?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
FAQ Transcript:
I would like to express my gratitude and thankfulness to the Law offices of Rajiv Khanna for their expertize in handling my case from the very beginning.
Through out this journey Rajiv and his team(Art Shifflett) were so detailed, deligent and very informative in handling of our cases. They are very professional and prompt in resolving any issues with USCIS.
My special thanks to Art Shifflett , he is very very prompt and polite person, he always responds to emails right away and even if you forget he reminds and follow ups, he forwards all questions to appropriate person and makes sure you get the answer you are looking for.