We have received a series of reversals and remands from the USCIS appeals office (“AAO”) where we had argued that the USCIS had erroneously and illegally revoked approved I-140 petitions. The grounds of appeal in the cases involved:
Failure to prove qualifications of employee because the documentation of experience was insufficient;
Successorship-in-interest of companies, where one company was acquired by another;
We represented an applicant after his application for naturalization was denied. He had obtained permanent resident status through marriage with a U.S. citizen. Applicant’s Form N-400, Application for Naturalization, was denied because of a failure to meet the good moral character requirement. USCIS questioned the veracity of applicant’s marriage, and therefore the basis of his Green Card approval.
We represented an IT consulting company and a Senior Software Engineer employed by them from the point forward where they received an RFE. USCIS issued a Request for Evidence (RFE) questioning accreditation of the Indian universities where the applicant received his degrees. We researched the universities in question and documented that both are highly regarded and world renowned institutions. Additionally, we received an expert opinion that noted that both universities were accredited at the time the applicant received his degrees.
We represented a client and her minor child. They had filed their I-485 applications as derivative applicants. Two months after the I-485 filing, the primary applicant, her husband died in a tragic accident. USCIS requested biometrics for all applicants, but she did not appear because she was informed that her I-485 application would not survive the death of the primary applicant. We filed a motion to reopen the case, showing that the applicant was and is legally entitled to survivor benefits under the Immigration and Nationality Act.
The Office of Foreign Labor Certification has posted an updated program factsheet containing the Quarter 3 FY 2014 selected statistics for the Prevailing Wage Determination Program, reflecting the correct number of Prevailing wage determinations FYTD. Reports are derived from program data as of 6/30/2014. The updated program factsheets may also be found on OFLC's Performance Data page.
U.S. Customs and Border Protection (CBP) today announced the launch of the first authorized app to expedite a traveler’s entry process into the United States. Mobile Passport Control (MPC) will allow eligible travelers to submit their passport information and customs declaration form via a smartphone or tablet prior to CBP inspection. This first-of-its-kind app was developed by Airside Mobile and Airports Council International-North America (ACI-NA) in partnership with CBP as part of a pilot program at the Hartsfield-Jackson Atlanta International Airport.
USCIS customers, whose petitions or applications are processed at a USCIS Service Center or the National Benefits Center and who wish to receive certain documents by overnight delivery service, must include a valid prepaid air bill or shipping label with their filing. We will use your prepaid air bill or shipping label whenever possible. This option is ONLY available for receiving the following types of documents from certain USCIS facilities:
What happens if green card expires while away on reentry permit and it's not possible to stay and return to USA to renew?
You lose your green card status. Reapplying or trying to get a returning resident permit would be the only two options that I can think of.
Is it a problem to travel outside the US after the temp GC has expired, and assuming the I-829 wouldn't get approved by then ?
When the I-829 fees receipt is issued, it should state that your green card is extended for one year and travel and work during this time is permitted.
I went to Atty.Khanna's for help with porting my EB3 case to EB2. The whole process was transparent and very professionally handled.
Ms.Prena Mehta took utmost care to ensure that my paperwork was accurately filed and I am very very happy and pleased and thankful to the team for helping me get my GC.
Greatly appreciate all the professional assistance.
I spoke to Mr. Khanna on an immigration matter. He was professional and helpful.
Never looked back after switching our companies immigration lawyer to Rajiv Khanna about 7 years back. Very thorough work. Staff is just superb. We have been more than satisfied with the results and guidance. Thank You.
Both Rena and Rajiv have been extremely helpful to myself and my employee, who filed paperwork for a H1 Visa Extension. I had never been through the process before and required a lot of hand-holding. I truly appreciated them going above and beyond, exhibiting the patience needed to answer all of my questions and helping me get everything filed correctly! Thanks again - you guys are awesome!
When should an employer mark "yes" when responding to the Question C.9: "is there a familial relationship between the foreign worker and the owners, stockholders, partners, corporate officers, and incorporators?"
If there is a familial relationship between the owners, stockholders, partners, corporate officers, or incorporators, and the alien, the employer must be able to demonstrate the existence of a bona fide job opportunity, i.e., the job is available to U.S. workers. 20 C.F.R. 656.17(l). In order to provide the Certifying Officer (CO) the opportunity to evaluate whether the job opportunity has been and is clearly open to qualified U.S.
I am planning to start an IT company in USA which is registered in India. Currently I am planning to travel on B1/B2 visa for my company set up. Can I transfer my visa status from B1/B2 to L1 if required within USA? What are the possible chances of success? Kindly you please suggest me the best way.
There are several issues that should be examined before you can make an informed decision.
1. B visa or ESTA does not allow you to “work:”
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance on its standards in customer service in theUSCIS Policy Manual.
U.S. Ambassador to Australia John Berry and Australia’s Minister for Immigration Scott Morrison signed a U.S.-Australia Visa and Immigration Information-Sharing Agreement on August 27, 2014.
The Department of Homeland Security recently achieved two major milestones for its trusted traveler programs. The Transportation Security Administration (TSA) Pre✓™ application program, which began in December 2013, has now enrolled more than half a million travelers. Additionally, U.S. Customs and Border Protection (CBP) has enrolled more than three million users in their trusted traveler programs: Global Entry, NEXUS and SENTRI.
My H-1 6 years are about to be over. No way to extend per lawyers. Can I move to CPT?
This is tricky. Usually CPT in the first semester is looked upon with suspicion by USCIS, unless: 1. yours is a graduate program; 2. the practical training is integral to the academic program; and 3. the employer has signed a co-operative agreement with the school.
As a H-4 visa holder in the USA (my husband is on H-1B), and an Indian citizen, I plan on applying for Canadian PR via the federal skilled worker program, to eventually start working there. The question I have is if my PR does come through within a year, will my H-4 visa in the USA get affected or be void immediately? Provided I don't get a job in Canada by then, how long will my H-4 be valid after I get my PR in Canada? Can I choose to live in either country in that case?
Also, while applying for the PR, they asked for sufficient funds. Since I am a H-4 dependent, can I show my husband's funds and income as a source? Because I am not earning here, I will have to have his money transferred. Will that be a problem?
Your H-4 visa does not get affected by PR in Canada, and whether or not you stay in the USA or Canada. The visa stays valid through the date of its stamping, as long as your husband is maintaining status. US immigration laws also should not create any issues with a funds transfer, but check Canadian laws and US Tax Laws.
What is the difference between a blue or black stamp from U.S. Citizenship and Immigration Services (USCIS)?
As of July 1, 2014, U. S. Citizenship and Immigration Services (USCIS) began using a new secure blue ink for many of its secure stamps. The older secure red ink will be retired and no longer used by USCIS on the effective date.
USCIS stamps with secure blue ink:
Department of Homeland Security (DHS) Parole Stamp
Temporary I-551 Alien Documentary Identification and Telecommunication (ADIT) Stamp
Refugee Stamp (Section 207)
Asylum Stamp (Section 208)
Initial / Replacement I-94 Stamp
This quick guide is intended for Employers, Attorneys and Agents and their representatives using the PERM system. To enhance PERM Online System security OFLC has upgraded the Account Management features to be consistent with DOL and Federal Government standards. This guide is a quick overview of the account management changes.
Please click the attached guide to learn more.
Thank you for getting my H1 Approved again