In tomorrow's community conference call, one of the community members has raised the issue whether receiving certain kinds of State benefits becomes an issue for immigration. The concern is well-founded in that receiving public (Federal or State) means tested (that depend upon the amount of income/expense) can lead to a determination that an applicant can become dependent upon government resources ("public charge").
FAQ 1. I am presently in Canada on a work permit and want to apply for H-4 EAD. My husband has a valid H-1 and an approved green card application . So we are eligible for applying. My question is that can I visit US for 2-3 days, mail my application and then leave the country? Do I need to be in the US when the USICS receives my application? Or I can immediately leave after mailing the application? <p>
FAQ 2. My spouse's PERM approved & his employer is still gathering required documents to file I-140. It is still within 180 days limit. Can I apply for H-4 EAD with my spouse approved PERM copy and other documents required ( eligible under beyond 6 years extension of H-1 & PERM pending 365 days) ? Or do I have to wait until his I-140 filed ?
Answer 1: Unless you are already on H-4, you cannot leave while the change of status request is pending.
Answer 2: I think you will need the I-140 APPROVAL, not just receipt (or 7+ year H-1 extension).
WASHINGTON—Secretary of Homeland Security Jeh Johnson announced his decision to designate Nepal for Temporary Protected Status (TPS) for 18 months based on the conditions resulting from the devastating magnitude 7.8 earthquake that struck Nepal on April 25, 2015, and the subsequent aftershocks. As a result, eligible nationals of Nepal residing in the United States may apply for TPS with U.S. Citizenship and Immigration Services (USCIS).
Heather Riddick and Rajiv handled my Green card process as well as my Wife's H4 EAD. Both Green card(So far I-140 is approved) and H4 EAD process(My wife has already received the approval) went fine and were approved. I feel their strength is proper planning and co-ordination with the client. Heather Riddick over sees all the details and verify the documents needed for the process every now and then before we file so no document is missed. Thank you Heather Riddick for all your effort. It is a great pleasure working with you. Your quick response all of my emails clarifications were one of the reasons for the success. Keep up the good work.
Rajiv on the other hand keeps team up-do-date with all current topics of immigration and that helps his entire team to stay on top of all issues. e..g is my wife's H4 EAD. USCIS had changed the I-765 form one day before filing and Heather was very proactive in downloading and filling the forms, send it out to clients to get their signatures. Even with the last minute change from USCIS she could file H4 EAD on time. Kudos for that. I would definitely recommend Rajiv and team for immigration work of any kind. Every dollar you spend as legal fee is worth.
The Department of Homeland Security (DHS) is extending the initial registration deadline for Temporary Protected Status (TPS) from May 20, 2015, to Aug.
Below are questions I have on the H-1B Amendment and H-1B transfer being filed almost at the same time with little gap with USCIS for the same person. The H-1B Amendment is in light of the new H-1B regulation that has been mandated by USCIS when there is a significant change in the Job Location of the beneficiary from the address mentioned in the initial Petition from the employer which was approved initially.<p>
1. Does the USCIS Last action rule apply in case of the below 2 being applied almost at the same time for the same beneficiary?<br>
a) H-1B Amendment with Current Employer<br>
b) H-1B Transfer to New employer while H1B Amendment is pending with Current Employer.<br>
2. If the answer for the above is 'Yes', then incase the H-1B Amendment Approval comes after the H-1B Transfer would the H-1B transfer to the new employer that was approved earlier be automatically nullified?<br>
3. If the answer for #2 above is 'Yes' Is there any way to request USCIS to consider the H-1B Transfer approval to new employer as the primary incase that get approved earlier and avoid the H-1B amendment to dictate the latest H-1B for a given employer? (I believe we can request USCIS to withdraw/cancel the Amendment but is this something that the new employer/employee can do or only the existing employer who was filed for H-1B amendment has the authority to request any cancellation/withdrawal of the H-1B amendment?)<br>
4. Also does the current suspension of H-1B premium processing apply even for the H-1B transfers (with a new extension for 3 Years) or is it only for new H-1B extensions of Petitions from the current employer?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
I am currently on EB-3. I have a company (say Company A) which is willing to file for my GC in EB-2 under 'Future Employment'. Do I or the 'company A' need to be aware of something on this front?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
The H-1 quota cuts down 50% or more applications each year.
Yesterday myself and my wife oath was completed. I had my interview on 18 Sept @ 2:30 but I didn't received the oath letter since it was too late. My wife got a call from Atlanta USCIS this Monday and was called for the oath ceremony on Wednesday. My wife requested them to have oath with me. USCIA call us again on Wednesday morning and scheduled oath for both of us on Thursday @ 1:30 PM. I never received the oath letter in mail.
Beginning 30 April 2013, CBP will roll out electronic version of Form I-94, Arrival Departure Record. We recommended that all visitors print out and keep a paper copy of the Form for their records at all times. There are still important legal issues that remain unsettled, including, the proper training and education of DHS/CBP of its own officers.
U.S. Citizenship and Immigration Services (USCIS) announced today that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2014. USCIS has also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the advanced degree exemption.
Effective March 22, U.S. Citizenship and Immigration Services (USCIS) is temporarily suspending adjudication of most Form I-129 H-2B petitions for temporary non-agricultural workers while the government considers appropriate action in response to the Court order entered March 21, 2013 in Comite de Apoyo a los Trabajadores Agricolas et al v. Solis, 2:09-cv-00240-LDD (E.D. Pa).
WASHINGTON—Secretary of Homeland Security Janet Napolitano has extended Temporary Protected Status (TPS) for eligible nationals of Honduras for an additional 18 months, beginning July 6, 2013, and ending Jan. 5, 2015.
WASHINGTON— Secretary of Homeland Security Janet Napolitano has extended Temporary Protected Status (TPS) for eligible nationals of Nicaragua for an additional 18 months, beginning July 6, 2013, and ending Jan. 5, 2015.
Foreign visitors arriving in the U.S.—only via air or sea—who need to prove their legal-visitor status—to employers, schools/universities or government agencies—will be able to access their U.S. Customs and Border Protection arrival/departure record information online when the agency starts its records automation on April 30, 2013.
As announced by USCIS on April 2, 2013, USCIS has temporarily suspended adjudication of certain Form I-129 H-2B petitions for temporary non-agricultural workers while the government considers appropriate action in response to the Court order entered March 21, 2013 in Comite de Apoyo a los Trabajadores Agricolas et al v. Solis, 2:09-cv-00240-LDD (E.D. Pa).
What This Means for H-2B Employers
USCIS, in consultation with DOL, prepared the following frequently asked questions and answers.
Q1. When does the U.S. Department of Labor (DOL) expect me to sign an electronically filed H-2A and H-2B temporary labor certification (TLC) application?
As my husband's H-1 expires, we are moving back to India around August/September. I am exploring options to quit my job (also on H1) in the last 2-3 months, but since this is a short period, I'm looking for the most convenient and economical transition. Can you please advise:
- Convert to H4: What is the expense incurred and how much in advance would I have to apply for this?
- I have a tourist visa that is valid till 2016- can I take advantage of this?
- Is there a grace period after leaving a job here (giving up your H1) that I can take advantage of if I time it properly?
You will need to figure out the filing fees for Form I-539 (used for H-4). You can convert to tourist visa (status) if you leave USA and reenter using the tourist visa. To let you back in or not would be at the discretion of the CBP officer who interviews you.
Rajiv Khanna Law offices is a very professional unit of people who help you right on the point. The best service and clear distinction offered by them stands in the way they present the case as it is and also with the right kind of knowledge in the limited amount of time available to make a decision. I am grateful for their truthful advise on my travel during H1B approval.
As announced by USCIS on April 2, 2013, USCIS has temporarily suspended adjudication of certain Form I-129 H-2B petitions for temporary non-agricultural workers.
For more complete information, click here
U.S. Citizenship and Immigration Services (USCIS) announced today that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2014. USCIS has also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the advanced degree exemption. After today, USCIS will not accept H-1B petitions subject to the FY 2014 cap or the advanced degree exemption.
WASHINGTON—For the first time since 2008, U.S. Citizenship and Immigration Services (USCIS) has reached the statutory H-1B cap of 65,000 for fiscal year (FY) 2014 within the first week of the filing period. USCIS has also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the advanced degree exemption.
On Monday, May 6, 2013, U.S. Citizenship and Immigration Services (USCIS) will implement Customer Identity Verification (CIV) in its field offices. Individuals will now be required to submit biometric data, specifically fingerprints and photographs, when appearing at USCIS offices for interviews or to receive evidence of an immigration benefit. CIV will help to both defend against threats to national security and protect customers from identity fraud by enhancing the agency’s ability to verify identity.
Mr.Rajiv Khanna's office was very helpful in every stage of our application process and they are thoroughly knowledgeable. I am extremely satisfied with their services. Thanks Mr.Rajiv!