USCIS Forms Update Notice
USCIS recently updated the following forms:
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Community Conference Call, April 29, 2021. Presented by: Rajiv S. Khanna (Every Other Thursday)
Immigration.com
Nonimmigrant Visas
Immigration Law
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Discussion Topics, Thursday, April 29, 2021:
Travel from India to USA Banned
6 May 2021
As of today, there are no updates from the government beyond what was on the US Consulate website
On 30 April 2021, President Biden placed a restriction on travel to the US.
Curricular Practical Training CPT
H-1B and CPT
Change of Status
The term Change of Status (COS) is the name given to the process through which a person can change from one temporary status (nonimmigrant) to another temporary status without having to leave the United States. Typical examples of this process are changing from a student visa status to H-1B. Usually, a successful COS is evidenced by the USCIS issuing you a new I-94.
Changing status from a temporary visa to a green card within the United States is also a change of status, but it is technically referred to as Adjustment of Status (AOS).
Visa Services Update
Visa Services Operating Status Update from DOS
Last Updated: April 6, 2021
F-1 Students Seeking Optional Practical Training Can Now File Form I-765 Online
Release Date
WASHINGTON—U.S. Citizenship and Immigration Services today announced that F-1 students seeking optional practical training (OPT) can now file Form I-765, Application for Employment Authorization, online if they are filing under one of these categories:
After I get my green card, is it legal to work for two companies (and not the original company) simultaneously?
Question details
I got my GC on March of 2016 through my then employer. Soon after getting my GC my project ended (May 2016) abruptly because of the change at client location. I did not had any project at hand so I started looking for a new job and started to work with new employer in June of 2016. There was no official end date of my employment with my previous employer through which I got my GC because they were looking for a new project for me but without any certainty how long it could be before they can find me a new project. While they were looking for a project for me, I already started working for my new employer so I just moved on without any official end date with my previous employer.
In Feb of 2019, I started a second job with another employer. Currently, I'm working 2 jobs full time on GC.
I am now eligible to file for citizenship through 5 years of permanent residency requirement. I'm worried if there will be any issues while I file for my citizenship because I did not stay with the employer that file my GC long enough after receiving my GC. Also will there be any issues because I am currently working 2 full time jobs when I file for citizenship?
FAQ Transcript
I think it is fine, I personally don't see this as a problem and you will be able to file for citizenship. However, I would still want you to consult with a lawyer discuss your particular case understand the pros and cons.
Note: Where transcribed from audio/video, 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.
AC21 Job Portability
Question details
Previously I was on H1B when my I-140 was approved. Currently I am on H4 status, not employed and my priority date became current.
Previous employer has provided Supplement J and I have filed I-485, I-765, I-131 concurrently. The Supplement J indicates (#9 in Part 6) I am not currently employed with the sponsoring employer.
Q1) Upon receiving AOS EAD, can I directly join a new employer after 180 days of pending I-485 if sponsoring employer doesn't have any open position?
Q2) Can I start searching for new job before 180 days of pending I-485, but join after 180 days? Or, I must have to start searching and interviewing for new job, only after 180 days?
Q3) At the time of filing AOS, my Supplement J indicated that I am not currently employed with the sponsoring employer. If I join the sponsoring employer upon receiving EAD, then do I have to send USCIS new Supplement J indicating that I am now employed with the sponsoring employer, knowing that it might take a decade for my Final Action Date to become current and I may not be employed with the sponsoring employer at the time of GC interview?
Q4) What if I need to change my employer after GC interview, but before receiving GC?
Q5) I heard, after 180 days of pending I-485, even if I change my job couple of times, I can take the Supplement J only from the employer with whom I will be working at the time of GC interview. But can I still send new Supplement J to USCIS from each employers everytime I change my job? Is that legally allowed? or, is there any concern? Because, it might take a decade for my Final Action Date to become current and within that timeframe I might have to change job 2-3 times.
FAQ Transcript
1. In my opinion you can.
2. Absolutely.
3. I think you should file a Supplement J. It gives you added protection.
4. As of now there is nothing definite about changing jobs after the interview but before the green card approval. I would suspect if the job is same or similar keep some record of it otherwise you can do it. But have your lawyers follow up the procedures that exist when you actually do this.
5. Absolutely.
Note: Where transcribed from audio/video, 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.
Guestbook Entry for Sanhe Hu, United States
Name
Sanhe Hu
Country
United States
State
VA
Apri, 15, 2021 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)
Immigration.com
Nonimmigrant Visas
Green Card
FAQS: H-1B revoked after 1 October, never used. Am I quota exempt? Travel while I-485 AOS is pending: returning on H-1B visa, AP, AVR etc.
USCIS Forms Update Notice
USCIS recently updated the following USCIS form(s):
Visa Bulletin For May 2021
Number 53
Volume X
Washington, D.C
A. STATUTORY NUMBERS
This bulletin summarizes the availability of immigrant numbers during May 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
Medicals for I-485
As I had said in our last community conference call, our office inquired. A USCIS officer advised not to submit medicals without an RFE. He said wait for the RFE or bring them to the interview.
USCIS Issues Policy Guidance on Deference to Previous Decisions
Release Date
USCIS is issuing policy guidance in the USCIS Policy Manual instructing officers to give deference to prior determinations when adjudicating extension requests involving the same parties and facts unless there was a material error, material change, or new material facts.
AAO Processing Times (January - March 2021)
The AAO reports its processing times by form type, displaying the total number of completions for the quarter and the percentage completed within 180 days, which is our goal.
The administrative appeals process has two stages: initial field review and AAO appellate review.
Immigration Law
Guestbook Entry for AVAB, United States
Name
AVAB
Country
United States
State
IL
Comment
Thanks to Leila for doing a wonderful follow upon RFE for the EAD. I got my EAD approved very soon after an RFE was issued.
Guestbook Entry for Sudhakar Madduri , United States
Name
Sudhakar Madduri
Country
United States
State
Texas
Comment
Renna Waddell has done an excellent work in getting my H1-B approved.I have opted for preminum processing and i got approved in 3 days. Thanks Sudhakar
Guestbook Entry for Praveen Kotha , United States
Name
Praveen Kotha
Country
United States
State
NC
Comment
Mr Khanna and his team were extremely focused and helpful in me getting my GC. They have demostrated extreme dedication, follow up and provided quality service when mattered. Mr. Khanna was available to me personally when I had to talk to him. I couldn't be more happier for employing the immigration services of Mr. Khanna. They know the importance of their service and commitment and they realize that it can make or break lives.
Guestbook Entry for Abdel-Moneim Attia , United States
Name
Abdel-Moneim Attia
Country
United States
State
NY
Comment
I have recieved the extension approval of my H1B for myself and H4B for my family. The service and the quality of legal services I received from this law firm was very satisfactory.I would recommend this firm to anyone seeking legal services for immigration related matters.My special and sincere thanks for Rena Waddel who was taking care of my case and for Mr. Khanna.
Guestbook Entry for Nagarjuna Rao Chakka , United States
Name
Nagarjuna Rao Chakka
Country
United States
State
NJ
Comment
The office has given the good support on completing the case till the end of the approval. They have done very good job in applying the AC-21 rule to our case and it worked well. Thank you very much for all the support
Guestbook Entry for Mangal Nagarkar, United States
Name
Mangal Nagarkar
Country
United States
State
IL
Comment
My wife and I received our GC within 30 months for the whole process with Rajiv S. Khanna as our attorney. Rajiv's team helped us at every point in the whole process. We never get any problem or incompletion about the paperwork done under his guidance, which has been perfect. Perfect paperwork reduces the total time of this lengthy process. We are greatly thankful to Diane Lombardo, who is always available and is happy to responds calmly and peacefully. Also many, many thanks to Diane, Subha, Vijay, Leila, Suman, Lakshmi, Shivani and other staff members who are very co-operative and would return calls & e-mails promptly. In short Rajiv and his staff made the whole process very smooth. We are greatly pleased with Rajiv and his staff as far as their professionalism, courtesy and promptness regarding my GC. I recommonded Rajiv's firm to lot of my friends. We are thankful to Rajiv and his staff.
Work duration and damages contracts under H-1B
Question details
In my offer letter, they have mentioned if they sponsor H1b I need to work with them for 5 years. What happens if I change the company by down the road within these 5 years?
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.
What to do after an H-1B (or L-1) denial
Question details
I got my H-1B denial on 02/20/2020. H1B expired date : 1/31/2020. I-94 expired date: 2/10/2020. H1B extension denial date: 02/20/2020. H1B filed date: 12/07/2019. H1B RFE date: 12/27/2019. H1B RFE replied date: 02/02/2020. How long can I stay ?
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.
Positive: Professionalism. The lawyer assigned to my case is Vijay. He is a very responsible man and detailed oriented. It took us long time to prepare document which are required or not required but very supportive document for the case. We got approved for every single step with one shot. And finally got my green card. Thank you Vijay and Rajivs.