"Went to the local Houston USCIS office by 4:50 am on friday Jul 11, 2003 and found myself behind 100 people (folks camping out...looked like a slumber party
. They sure let us in by 6:15am and got a number (186) & processed by around 12:45pm.
Thank you very much to Ursula and Rajiv for prompt and professional service in preparing my second H-1B application. I have various experience working with another lawyers before and very happy with excellent job you guys did for me. I can gladly refer anybody to use your services. Warm Regards, Irina Pozyvaylo (country of origin - Ukraine)
I am a US citizen. My parents (father 72 y and mother 65y) have a valid multiple entry visit visa to USA issued in 2012 and valid till 2022. They used to make short visits to USA every year till 2016 with duration of stay averaging around 55 days each year. After my father’s retirement in April 2017 they have settled down in India.
During their visit in June 2017 they stayed here for just under 6 months (174 days). They visited this year as well for about 173 days, arriving in SFO in June 2018. Upon their arrival at SFO, the CBP officer cautioned that the 6 month stay is not acceptable each time they visit, perhaps they will be given only 1 month stay during their next visit and that they should apply for green card if they wish to stay longer.
Based on your expertise, we would appreciate if you could let us know whether there is a possibility that the CBP officer would have placed an adverse remark/ comment on their system and would enforce a short stay of 1-2 months during their next visit (tentatively in June 2019). Being aged, they are more comfortable with making 6 months visits on multiple entry visa rather than staying for longer periods in USA to keep Green Card valid.
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Are you preparing for the naturalization test? As you study for the U.S. history and government (civics) test, make sure that you know the most current answers to these questions.
I am exploring an option to move to Canada temporarily in order to save my Canadian PR. My PD date is March 2012 and have an approved I140. Currently my H1B extension based on approved I140 is in process and hopefully it shall come soon and will be good till Feb 2022. Plan is to move to Canada after H1B approval and H1B visa stamping from India. <br>
Questions<br>
1. If Priority date becomes current during my stay in Canada then what are my options.<br>
2. If Priority date does not become current and I tried to enter US after staying for more than year outside US. Two situation could occur H1B extension (I797) is still valid (before Feb 2022). Will I be challenged at port of entry whether i am going to perform the same duties as mentioned in I-129.<br>
3. To convince them on job responsibilities will the letter from employer be sufficient Or need something else?<br>
4. Recent pay stubs shall also be helpful to prove my continue employment with my same employer ?
5. H-1B extension (I-797) is expired (after Feb 2022) OR because of some reason I have to file new H-1B extension to enter Can i use my approved I-140 to file new H-1B extension(or claim the H-1B period) and that will be cap exempt ? OR I have to file new H-1B petition and re-enter the lottery.
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1. Am I allowed to open a corporation and run a business on GC-EAD?<br>
2. If no, can I still work on a 1099 and file my taxes or do I have to be on a W-2 for an employer?
Watch the Video on this FAQ: Starting business on I-485 EAD
Video Trascript
1. Sure you can. You can work for yourself, you can do multiple jobs as long as you have an EAD.
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1. I have approved I-140, on 7th yr of extension and my current H1B Visa and I-94 valid with emp A until dec 31,2018 based on my latest approval I received in Nov 1st week.
I have another 1 month to apply for an extension and I am requesting my employer to apply in premium processing.
1)If my extension is applied in Premium before I-94 expiration but pending beyond my expiration date 12/31/2018,
I will be 'out of status' even though 'authorized to stay' until decision is made. Is this correct that this may affect my future H1bs in case it is denied
and attract NTA(notice to appear) in future because of my 'out of status' from date of expiration to date of denial or while leaving the country upon denial.<br>
2. Is it better if I leave the country on the last day of my I-94 expiration(Dec 31, 2018) while my H1B extension is pending in order to avoid 'out of status' or 'unlawful presence' scenarios by staying here.
If I leave the country while extension is pending in above scenario, is it possible for me to go for consular processing, get VISA stamped after it is approved and enter the US legally?
or
is h1b extension is considered as abandoned?
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WASHINGTON— USCIS has launched a new Online Fee Calculator to assist members of the public in calculating the correct fee amount to include when filing their forms with USCIS at an agency lockbox facility.
Rajiv S Khanna PC & Case Manager Vijay Durgam has been phenomenal. Detail oriented, patient and relentless. My case has been handled with utmost care. The flawless handling is reflected in the outcome.
I applied for EB3 in 2011 and port to EB2, now EB3 dates are moving forward and if it reach to my priority date am I still eligible for EB3 as I initially applied for or do I need to downgrade to EB3. Will there be any questions raised?
Watch the Video on this FAQ: EB-2 approved applying for EB-3
Video Transcript
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Number 26
Volume X
Discussion Topics, Thursday, 10 January 2019:
FAQ: The logistics of porting a priority date, how to? ||Consequences of and logistical problems in dealing with criminal arrests or convictions in immigration cases||What to do when the 240 days H-1B work authorization is expiring?||Downgrading a case from EB2 to EB3 for priority date advantage||
Other: How to calculate H-1B time while the case is pending ||Successor in interest cases ||Transferring family-based cases ||Converting pending H-1B cases to premium ||H-1B visa stamping problems ||CSPA issues while the I 140 is pending||Filing an appeal against H-1B denial ||Effect on employment-based green card of relocation or moving abroad || REmoval of condition on green card through marriage
PERM Processing Times (as of 12/31/2018)
I am H4 dependent visa holder. My I94 expired 9 months ago on Feb 2018 due to old Passport expiration. But my visa is valid until Dec 2019. I have over stayed more than 180days >365 days. I recently realized my mistake.Can you provide the best solution for this I94 problem? Explain please.
Watch the Video on this FAQ: I-94 expired -- Unlawful Presence
Video Transcript
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I had a approved I-140 from Employer-A under EB3 category with PD-Oct’12. My new Employer-B filed for I-140 under EB2 and obtained an approval. However, the PD is Jul’18 even though priority date porting was requested. Employer-A has not revoked the approved I-140. Not sure if this is a typo or default PD on the form with the assumption that I-485 can be applied when EB2 is Oct’12.
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My priority date is 2013. I had one misdemeanor case in 2015 and within 2 months of time, case was dismissed by judge and judge issued expunged order also same time. I have not disclosed this to my present company. Can I file 485 without involving my present company and company attorney ? if yes where I can find some more information ? Do I need to submit all the document to Immigration officer ? I have sentencing certified copy and expunging record, do I need to get ' An original official statement by the arresting agency' and 'complete arrest record' ? as case was expunged, so I may not able to get the this document.
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Are you seeking to adjust your status and become a U.S. permanent resident under a family-sponsored or employment-based preference immigrant visa? If you have not yet had a relative or employer file an immigrant visa petition on your behalf, please learn more about the Adjustment of Status Filing Process.
My H1 Extension is in progress since Apr 2018. My 240 day work authorization period is expiring on Jan 15th. My employer will put me on Loss of Pay after that. My questions are :<br>
1). If I plan to wait for a decision on H1 extension, will I go out of status after Jan 15th and be staying illegally ?<br>
2). I have approved I140. Can I go back to India and apply H1 extension from there (in case this extn gets rejected), will this be considered cap exempt ?
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Mr. Khanna, I would like to thank you and your staff for all of your direction, guidance and support throughout my green card journey. It was a bumpy ride with lots of barriers but the outcome was fruitful. I somehow forgot to share my feedback on the bestest services I received from your legal team and I sincerely apologize for that. Your firm really did an amazingly thorough and professional job and Words cannot give any appreciation justice. Thanks much to Bharathi, she was superbly positive, efficient and professional. I could not have wished for a better person to have dealt with it and the service I have received from you has been excellent. You have kept me well informed and up to date with everything. I would always refer your firm if the need ever arises for any legal assistance. Once again my heartfelt thanks and appreciation for you and everyone else worked on my case.
Best Regards
Anup
Dear Rajiv and Diane- you are an amazing team. As stressful as this process is- it was very reassuring to know we were in good hands. You guys are so prompt with your reply and the advise is practical and honest. We are very happy to say that you all are honest and hard working and very client focused.
Thank you again
I am with my current Employer since 2008. My GC is filled in EB2 with Aug-2010 Priority Date. Only I-140 is approved so far.<br>
1) Can my employer file me under EB-3 concurrently without affecting my existing EB-2 filling?<br>
2) If yes then what is the procedure for that? Do I have to do my labor and I-140 once again?
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.
Discussion Topics, Thursday, 24 January 2019:
FAQ: Green Card portability for EB-1C international managers or executives||What is the advantage of EB2 over EB3 category?|| Difference between final action dates for employment-based preference cases b. Dates for filing of employment-based visa applications ||
Other: Consequences of moving locations for H-1B and green card cases ||Green card through marriage||H-1B approval beyond six years based upon I-140 approval of another employer||Defining same or similar job for AC 21 portability||Cross chargeability||Converting from EB-2 to EB-3 ||Doing business on H-1B ||Changing employers from nonprofit to for-profit ||Rejoining an old job after a denial of an H-1B transfer||Difference between AC 21 portability and 240 days regulation to continue working on H-1B ||When is a Supplement J required?
USCIS and the Department of Homeland Security (DHS), in consultation with the Department of State (DOS), have announced the list of countries whose nationals are eligible to participate in the H-2A and H-2B visa programs in 2019.
USCIS will resume premium processing on Monday, Jan. 28, for all fiscal year (FY) 2019 H-1B cap petitions, including those eligible for the advanced degree exemption (the “master’s cap”). Petitioners who have received requests for evidence (RFEs) for pending FY 2019 cap petitions should include their RFE response with any request for premium processing they may submit.
We are extremely impressed with the professional but friendly, courteous and timely consultation assistance rendered by Rajiv and his able team member Savita. We look forward to working with them in the years to come. We also feel that we should advise others who look for 'no-frill' down-to-earth non-intimidating services, they should contact Rajiv and his team.