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H-1B: Person in Specialty Occupation
This nonimmigrant classification applies to people who wish to perform services in a specialty occupation, services of exceptional merit and ability relating to a Department of Defense (DOD) cooperative research and development project, or services as a fashion model of distinguished merit or ability.
Guestbook Entry for SAMIR SHAH, United States
Guestbook Entry for Aruna Disanayaka, United States
Guestbook Entry for Ravikanth Akupatni, United States
Rajiv's Article - A complete guide for Green Card holders stuck outside the US because of Covid-19
Published by: The Economic Times - Date: November 02, 2021
Synopsis
Many green card holders have been constrained to stay outside the USA continuously for one year and more. Under normal circumstances, that is considered to be an abandonment of the permanent resident status, your green card. What can you do about this now?
For more on this article please see the attachment below.
Immigration QnA with Rajiv, Oct 21, 2021(conversation with Yudi on behalf of students&professionals)
SUBSCRIBE to Immigration.com YouTube Channel for further updates.
Immigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
Oct 28, 2021 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)
Discussion Topics, Thursday, October 28, 2021:
FAQ: Change of jobs with an approved I-140 from employer A and Reapplying PERM through B || Impact of reportees outside the U.S. or in third countries on L-1A and EB-1 petitions || Are L-1B visa holders eligible to work remotely? || Approved EB-2/EB-3: Interfiling/upgrading to EB-2 with employers A and B || Working outside the U.S. for four months with a recently issued green card || Documents needed by and anticipated questions for green card holders at the port of entry
Rajiv's Comments in the News - New US Bill could increase H-1B filing fees
Published by: The Economic Times: November 03, 2021
Quotes and Excerpts from Rajiv in the article:
The proposed increase in H-1B filing fees reflect another stab at the already injured H-1B process, said Rajiv S Khanna, managing attorney at immigration.com.
USCIS Expands Credit Card Payment Pilot Program to California Service Center
As part of the credit card payment pilot program, the California Service Center is now accepting credit card payments using Form G-1450, Authorization for Credit Card Transactions, for petitioners filing Form I-129, Petition for a Nonimmigrant Worker, for O and P nonimmigrants.
USCIS Commemorates Veterans Day with Special Naturalization Ceremonies
Release Date
11/08/2021
WASHINGTON— U.S. Citizenship and Immigration Services will honor Veterans Day this year by holding more than 90 ceremonies naturalizing more than 4,440 current and former members of the military and their families. Each year, on Nov. 11, the nation honors members of the U.S. armed forces who have served the country and defended freedom.
USCIS Contact Center Tip Sheet
U.S. Citizenship and Immigration Services (USCIS) published a Contact Center Tip Sheet on how to communicate effectively with the USCIS Contact Center and outlines the use of online self-help tools and inquiry channels to ensure the best use of live telephone assistance.
The USCIS Contact Center Tip Sheet provides guidance on:
Nov 11, 2021 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)
Nonimmigrant Visas
Green Card
Discussion Topics:
USCIS Forms - Authorization for Credit Card Transactions
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USCIS recently updated the following USCIS form: Authorization for Credit Card Transactions 11/15/2021 03:24 PM EST You can find the edition date at the bottom of the page on the form and instructions. For more information, please visit Forms Updates page. |
Visa Bulletin For December 2021
Number 60
Volume X
Washington, D.C
A. STATUTORY NUMBERS
This bulletin summarizes the availability of immigrant numbers during December 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
Extension of EAD for H-4 and EAD for L-2 - Not the Best Settlement
I have reviewed the recent lawsuit settlement where the USCIS has agreed to consider H-4 holders to be eligible to continue working while their timely filed EAD extension is pending. Unfortunately, the settlement seems to state that the right to work is only co-extensive with your I-94 duration. Therefore, you do not have the right to continue working for 180 days; only till your I-94 expires. While it is better than nothing, the settlement is not everything that we would like to see.
PERM Processing Times (as of 10/31/2021)
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | June 2021 |
| Audit Review | January 2021 |
| Reconsideration Request to the CO | June 2021 |
Agency
Green Card
Immigration Law
USCIS Opening a New Lockbox Facility
Release Date
11/12/2021
USCIS is planning to open a new facility in Elgin, Illinois, next year to expand the lockbox capability.
Successful response to an audit of a submitted ETA Form 9089 (PERM)
We assisted a client company in filing an EB-2-based PERM. The submitted ETA Form 9089 was selected for an audit by DOL. They requested evidence/explanation as to why only the specified combination of a higher degree and significant years of experience were required, beyond the normal requirements defined by O*Net, a source of occupational data often cited by the government.
Agency
Green Card
H-1B extension and change in employer filed while out of status
We successfully responded to an H-1B request for evidence (RFE), questioning the beneficiary’s maintenance of status. The beneficiary’s previous employer (Employer A) had submitted an H-1B extension. While the petition was pending the beneficiary’s nonimmigrant status expired. An RFE was subsequently received by Employer A, and following the filing of a comprehensive RFE response, the petition was denied.
Nonimmigrant Visas
Immigration Law
Successful response to an H-1B petition RFE for a Staff Accountant questioning specialty occupation and degree in a non-accounting field
We assisted petitioner, a public accounting firm, in filing an H-1B petition for beneficiary for the position of staff accountant. We received an RFE requesting additional evidence that the position qualified as a specialty occupation by satisfying at least one of the four qualifying criteria for a specialty occupation. In our lengthy response, we argued that the job duties, as detailed in the petition, and as compared with OOH’s job description for staff accountant not only comports with but goes beyond OOH guidance in its uniqueness and complexity.
Nonimmigrant Visas
Profession/Occupation
Immigration Law
Successful response to a physicians' H-1B extension RFE
We filed an H-1B extension for a specialized medical practice on behalf of a physician who had completed a fellowship in this specialty. We subsequently received a Request for Evidence questioning whether his position satisfied the requirements for a specialty occupation and questioning his current immigration status.