Guestbook Entry for Ram N Ramamurthy , United States
Name
Ram N Ramamurthy
Country
United States
State
FL
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Guestbook Entry for Irina Pozyvaylo, United States
Name
Irina Pozyvaylo
Country
United States
State
GA
Sept 29, 2022, Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)
Discussion Topics, Sept 29, 2022
FAQs
STEM extension expiring, options to stay in USA, Is Day 1 CPT it safe and legal?
Parents who are GC holders, applied for reentry permits, left USA; do they need to return to the USA or can they wait till I-131 is processed?
Options if employment-based I-485 is denied?
How can I maintain my H-1B while working outside the USA?
Visa Bulletin For November 2022
Number 71
Volume X
Washington, D.C
A. STATUTORY NUMBERS
This bulletin summarizes the availability of immigrant numbers during November 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
USCIS Issues Policy Guidance on the EB-5 Reform and Integrity Act of 2022
Release Date
10/11/2022
U.S. Citizenship and Immigration Services (USCIS) has issued policy guidance (PDF, 342.87 KB) in the USCIS Policy Manual based on the vacatur of the EB-5 Modernization Rule and the EB-5 Reform and Integrity Act of 2022.
Policy highlights include:
PERM Processing Times (as of 9/30/2022)
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | February 2022 |
| Audit Review | November 2021 |
| Reconsideration Request to the CO | May 2022 |
Agency
Green Card
Immigration Law
AAO Processing Times (July - September 2022)
| Form Type | Case Type | Completed 0-180 Days | Quarterly Completions |
|---|---|---|---|
| Cumulative total of all completions | 64.85% | 791 | |
| I-129F | Petition for Fiancée | 100% | 18 |
| I-129H1B | Nonimmigrant Specialty Occupation Worker | 94.87% | 39 |
| I-129H3 |
Immigration Law
DHS to Supplement H-2B Cap with Nearly 65,000 Additional Visas for Fiscal Year 2023
Release Date: October 12, 2022
Increase Will Help Address the Need for Seasonal Workers and Reduce Irregular Migration
Recording of October 13, 2022, Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)
Nonimmigrant Visas
Discussion Topics:
FAQ: Can I change my status from B-1/B-2 to H-1B, L-1, F-1?|| Can an H-1B holder open an LLC in the US and employ their spouse on H-4 EAD? || Parents staying in or traveling to the U.S. while their green card petition is pending? || Volunteer work on an H-1B visa || Deportation when a permanent resident is involved in Shoplifting || 7th year H-1B extension with pending PERM
Filing Guidance for CW-1 Petitions Seeking to Extend Status
Release Date
10/18/2022
U.S. Citizenship and Immigration Services will consider certain 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.
USCIS is providing this limited accommodation to facilitate the current Temporary Labor Certification (TLC) processing delays at the U.S. Department of Labor (DOL).
USCIS Extends COVID-19-related Flexibilities
Release Date
10/24/2022
U.S. Citizenship and Immigration Services is extending certain COVID-19-related flexibilities through Jan. 24, 2023, to assist applicants, petitioners, and requestors. Under these flexibilities, USCIS considers a response received within 60 calendar days after the due date set forth in the following requests or notices before taking any action, if the request or notice was issued between March 1, 2020, and Jan. 24, 2023, inclusive:
Important Student Resources
Some other useful student resources:
Form DS-160
Online Nonimmigrant Visa Application (DS-160)
USCIS Will Only Consider CW-1 Petitions Approved and with Starting Validity on or after June 18, 2020, when Applying the Temporary Departure Requirement
Release Date
10/27/2022
U.S. Citizenship and Immigration Services is clarifying its Aug. 25, 2020, policy on implementing the requirement that workers leave the United States for at least 30 days after two renewals of their CNMI-Only Transitional Worker (CW-1) visa classification.
Recording of October 27, 2022, Free US Immigration Community Conference Call with Rajiv
Nonimmigrant Visas
Immigration Law
Green Card
FAQ: What happens to H-1B after Green Card approval? || OPT eligibility requirements, F-1 status for one academic year, and Change of Status or visa stamping from back to H-4 || PERM issues for a green card for remote jobs - headquarters || Can an H-1B visa holder rent via Airbnb? Is this a violation of status? || How long does it take from PERM to Green Card, and difference between NIW and PERM Labor Certification? || Applying for E-2 Visa with a pending family-based Green Card; who can be the main applicant for an E-2 visa? ||
Interim EAD at Houston USCIS office
"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.
Rajiv's News Clips - Workers Oppose H-1B Bill - Light Reading
Published by: Light Reading - Date: July 31, 2003
Quotes and Excerpts from Rajiv on the article:
"There are eight or nine bills pending with similar provisions [to Tancredo's]," says Rajiv S. Khanna, a lawyer specializing in H-1B visa issues who practices in Arlington, Va. But he thinks the H-1B visa program already has shrunk along with the rest of the economy. "It's down, in my opinion, to 10 percent of what it was."
For more details please see the attachment below.
PERM Processing Times (as of 4/30/2025)
| Processing Queue | Priority Date |
|---|---|
| Analyst Review | December 2023 |
| Audit Review | N/A |
| Reconsideration Request to the CO | March 2025 |
Agency
Green Card
Immigration Law
USCIS Assists in Investigation Leading to Conviction of Indian Citizen for Submitting Fraudulent Immigration Application
Release Date
05/05/2025
BURLINGTON, Vt. – U.S. Citizenship and Immigration Services provided valuable assistance to the investigation that led to the conviction of an Indian citizen for submitting a fraudulent immigration application.
Recording for May 01, 2025, Conference Call with Rajiv S. Khanna
Agency
Nonimmigrant Visas
Immigration Law
Green Card
Visa Bulletin For June 2025
Number 3
Volume XI
Washington, D.C
A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS
This bulletin summarizes the availability of immigrant numbers during June 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
Immigration impact of past criminal law allegations - Will a reduced traffic misdemeanor affect my US visa application?
Question details
I was involved in a car accident 2 years ago and got a traffic misdemeanor ticket that was reduced to illegal parking and 200$ fine from court. There was No Arrest & No Hearing. Given the current crisis, I would like to know whether it will impact my visa or immigration cases. If yes, how can we avoid those problems?
Related FAQs:
FAQ: Immigration impact of past omission or errors in Form DS-160 or other government forms.
I am a mechanical engineering PhD student in PA on an F1 visa from a ROW, with no travel ban. Came to the US in Dec 20XX.
When applying F1, made a mistake in DS-160, said i never applied to immigrant visa before though I had applied to DV (DV rejected). I only said so without realizing DV is also called an immigrant visa (I thought it was company sponsor, marriage, etc.); it was an innocent mistake. I realized it last week in an immigration seminar at uni. I also applied for DV after arriving in the USA.
I-20 ends in 12/20XX, F1 ends in 11/20XX, and the passport ends in 2032. Will travel be an issue before 11/20? How likely is it that a random check will reveal this mistake without traveling? I'll tell the truth when asked, but what are the consequences? What can I do?
For OPT, STEM OPT, or if I need extra PhD time and graduate in 2028, will it be a problem if I extend the I-20 duration? Or if I switch to another US uni next semester?
NIW prepared DIY, ready to file, but unsure because it is an immigrant visa, similar to DV. Wanna do PP, with approved I-140, can I get OPT or stem opt (before filing 485)? Should I go home for a visa extension, or can Mexico/Canada do it?
FAQ: Immigration impact of prior dismissed Domestic Violence case
I had a domestic violence case 5 years ago, which was dismissed. With the new government now and the news about visa denials and deportations, can you please tell me your thoughts on if there will be any problems with my stamping even if I get the stamping done successfully, will there be challenges entering into the US in the port of entry?
Or there are no changes in how visa processing is handled for people with dismissed domestic violence cases. Thank you for your guidance.
FAQ Transcript
Minor past infractions, even those reduced to non-criminal violations like illegal parking, are causing concern for visa applicants. Here's a breakdown:
- Non-immigrant visas (B1/B2, F/J): These are the most vulnerable. Even minor issues can be raised during visa stamping due to a shift in the US government's stance, though denial based on a reduced traffic misdemeanor is unlikely. The impact on already issued visas is still unclear and is being litigated.
- Work visas (H, L, E): These are less likely to be affected by minor past incidents.
- Green cards: Generally, only more serious issues, like drug convictions or multiple convictions, pose a problem.
- Citizenship: Good moral character is required, but incidents outside the 5 years preceding the application usually aren't a major concern, and rehabilitation can be a factor.
Regarding the specific question about a traffic misdemeanor reduced to illegal parking with a fine:
- Immigration impact: It should not impact your immigration status (deportability/inadmissibility).
- Visa impact: While the government might cause a delay during stamping, they should not deny your visa based on this.
Crucially, it is recommended to consult with a lawyer specializing in deportation/removal defense (with at least 10-15 years of experience) in the state where the incident occurred to understand the specific potential impact on your case. Dismissals can sometimes have immigration consequences even if they aren't criminal convictions.
Port of Entry (POE) risk for a green card holder with a concurrent employment history?
Question details
I had a green card and worked for two remote employers simultaneously for two years without knowing each other. Got two W2s for two years. But for the last year, working for only one employer. Planning on vacation outside of the country. Do I have any issues at POE because I am employed at multiple places at the same time?
FAQ Transcript
A green card holder working two remote jobs simultaneously without their knowledge, receiving two W2s and presumably paying taxes, has likely committed a potential violation of their employment contracts (a civil matter), but it should not impact their green card status or ability to travel, assuming their overall green card history is clean.
Recording for May 15, 2025, Conference Call with Rajiv S. Khanna
Immigration.com
Green Card
FAQs:
1. H-1B extension beyond six years. PD is now current. I changed employer. Options.
2. Employer deducted H-1B premium fee — Will this affect visa stamping or POE?
Other Topics :
H-1B extension beyond six years. PD is now current. I changed employer. Options
Question details
My GC was filed, and I-140 was approved in 2012. My PD is November 2012, which became current in March 2025. However, I changed employers a few years back. My current employer is willing to start my GC application but hasn't started yet. Do I really have only one year from the time my PD turned current to file for AOS? If yes, what are my options to maintain my H1 status?
FAQ Transcript
If your I-140 is approved and your priority date becomes current, you generally have one year to file Form I-485 (Adjustment of Status) to maintain H-1B extension eligibility beyond six years. This one-year window is dynamic: if your priority date retrogresses and then becomes current again, the clock resets. USCIS rarely accepts changing employers as a valid reason for not filing the I-485 within this timeframe, making H-1B extensions difficult if you miss the deadline while your priority date is current.