Practice Areas
Visitor |
Student |
Work |
Green Card |
Citizen |
B-1 | F-1 | H-1B | Employment Based | |
B-2 | J-1 | L-1 |
Visitor |
Student |
Work |
Green Card |
Citizen |
B-1 | F-1 | H-1B | Employment Based | |
B-2 | J-1 | L-1 |
Wanted to share my experience about issuance of interim EAD at Dallas office. I had filed EB-2 NIW petition and I485/765 concurrently in June. Since I did not hear from USCIS, went to Dallas office on Nov 20 at 8 am; got our number ticket by 9am; hwent in and sat down. The nos dont really go in order, but we got called about 12.45; the officer just wanted receipt notices of I485 and I 765; she called TSC to confirm pendency of the applications and then came back and said she will issue 8 month interim EAD's for my wife and me.
There were approx 25 people in line ahead of us.
Doors opened at 7am. We got our interim EAD's by 10:40am.
All they looked at was the receipt notice and asked us to fill another I-765 form. We had taken a copy .
Nearly everything about interim work permits are anecdotal, and even the USCIS.gov information is vague, but I took my chances yesterday, November 17, 2003, and found out that it is true that one can have same-day processing for I-765 applications which have passed the 90 day waiting time---at least those which have been sent to California service center.
got an interim EAD while I was waiting for my EAD to be processed. I filed it online hoping that it will be the same processing. The thing is that if you e-file online, you have to wait for the appoval of your application. In short, it won't do you good if you're in a hurry getting that permit. They give me a 90-day interim EAD because I have a pending I-485 application filed in the San Francisco District Office. I will suggest to go to the office instead of mailing or e-filing it.
I went to San Jose (CA) office and got the interim EAD. Following is my experience." I and my wife went to San Jose Office on 20th Nov 2003. This was actually 91st day from my recipt date of both I-485 and I-765. Reached there at 7 O clock and found around 50 people ahead of me in the line. Got in at around 8, got a token. I was called at 9. The officer asked me for the filled out application forms, receipt notices and then asked about my I-140. I told him that my I-140 along with my I-485 and I-765 is pending. He asked me for copy of my I-140 receipt notice.
Recently I got my H-1B visa approval.I really appreciate Mr.Khanna's quick response to e-mails inspite of his busy schedule.Throughout in my H-1B process approval I never get any problem. I am very glad I choose this law firm. Thanks million to Mr. Khanna and his professional team (Especially Miss Sirisha Durgham)I would definitely like to continue Mr. Khanna's consultation as my lawyer in future.
I am very much impressed by the punctuality, promptness, helpful attitude and friendly gestures of all the staff with whom I had the opportunity to interact. I highly recommend Mr.Khanna's office and staff for all immigration purposes.
Secretary of Homeland Security John F. Kelly has extended Temporary Protected Status (TPS) for eligible nationals of Haiti (and eligible individuals without nationality who last habitually resided in Haiti) through Jan. 22, 2018. After consulting with the appropriate U.S. government agencies and reviewing country conditions, Secretary Kelly has determined that a limited, six-month extension is warranted.
As of May 25, 2017, USCIS has received a sufficient number of petitions to reach the maximum possible numerical limit (the “cap”) of workers who may be issued CNMI-Only Transitional Worker (CW-1) visas or otherwise provided with CW-1 status for fiscal year (FY) 2018. Although the FY 2018 cap has not been set, it is required by statute to be less than the 12,998 workers set for FY 2017.
Do the 3 years spent in residency training in an HPSA/MUA area be counted towards the five years required for NIW? The residency training (3 years) and subsequent job (2 years) were on H1B visa in two different HPSA/MUA areas but not processed through NIW route. Can the NIW petition be filed now retrospectively for those years already worked in underserved areas? My current GC sponsoring job is in a University teaching hospital (job designation Assistant Professor) but obviously also involves treating patients. The PERM prevailing wage category was teacher/ Professor but job description included patient care. Can the job be changed to that involving only patient care (no teaching) and still be considered same/ similar? How about a job (with patient care only & no teaching) in a private practice (as opposed to hospital employee)?
Watch the Video on this FAQ: Physicians (FMG) NIW, AC21 portability, Teaching to clinical position
Video Transcription
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.
I would like to know is there anything change in recent EO's that prevent one get Green Card or USC when a person issued a SuperSpeeder ticket. Is this considered a misdemeanor?
Watch the Video on this FAQ: Impact of a misdemeanor under Trump EO
Video 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.
1. Can we file multiple green cards together? If yes what will be the side effect? <br>
2. My company filed my green card in EB-2 category and I-140 is approved with priority date 2013. I want to give a try with EB1 category personally if I will try in EB-1 and let’s say it is not approved, then will it affect my EB-2 green card?<br>
3. Should job description match in EB-1 and EB-2?<br>
4. What may all possible issues occur?
Video 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.
1. Can an H-4 EAD person open a small business like ice cream shop as part time?
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2. Also can h1b spouse support the maintenance of the business without taking any remuneration. Is it legal and allowed?
Watch the Video for this FAQ: Activities permitted under H-4 EAD
Video Transcript
1. With a H-4 EAD, you can do anything you like. You can work, you can choose not work, you can start your own business, you can work three hours a day, you can work ten hours a day, you can work eighteen hours a day.
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.
Hello Rajiv Ji,
Thanks for your time and responses (over the email). I have below questions.
1) I am an EB-2, with Priority date Jun-2008. Applied i-485 in Jan-2012. Cut-off date became current in July-2014. Through congressperson / infopass found that my application is in background checks.
1.a) I have given fingerprints 2.5 years ago and background checks are not cleared yet. so what are my options in expediting it?
1.b) My worry is the checks may not be cleared before next time dates become current, and I may be in the same situation again.
1.b) Can I use Writ of Mandamus? Does my case (485 pending for 2.5 years, current for 2.5 months, but background checks are not completed yet) have enough reasons to claim "unreasonable delay"?
2) I am using my EAD. My labor says "Senior Analyst" as my job title.
2.a) Can I accept a promotion with a director/managerial job title ?
2.b) or does it cause a problem / RFE in future? Duties are more or less similar and work on same software technology, but will have few direct reports and need to manage projects.
3) Can I switch to H1-B as a safe measure?
3.a) Does switching mean I am abandoning my GC?
3.b) Do I need to go out of the country for stamping or can I continue to work without going out?
3.b) what are the risks involved?
See the marked clip below from Rajiv's video recording for the answer to this question.
https://www.youtube.com/watch?feature=player_detailpage&list=UUm4s1qwOS…
Hello Sir,
I am H4 visa holder and want to blog for hobby. If I get any money from blogging due to advertisements or page hits, I want to take all of that money and donate it to charitable organization. I want to know is this legal while in H4 status and if so I want to know the correct procedure to do what I have mentioned, so that I am still following the rules for the H4 visa.
See clip from video recording by Rajiv for the answer to this question regarding volunteer work on H-4 visa status.
https://www.youtube.com/watch?feature=player_detailpage&list=UUm4s1qwOS…
My sister filed petition for me last year maybe I-130. I am an Indian and my wife is Italian, I am in California nowadays since last week. Can we stay here permanently under I-485 or AOS whatever?
That category takes 13-14 years. During the time you are waiting for your priority date to be current, you cannot stay in the USA just because your green card is pending. You can, however, stay or come to the USA under a visa independent of the green card such as L-1, H-1. You can also apply for a green card in several categories simultaneously.
1. What are TN and L nonimmigrant classifications?<br>
2. How can Canadian citizens obtain TN and L-1 classifications? <br>
3. I am a first time TN and L-1 applicant – am I required to go to a designated port of entry?<br>
4. Which ports of entry are designated for optimized processing?
1. The TN nonimmigrant classification permits qualified Canadian and Mexican citizens to seek temporary entry into the United States to engage in business activities at a professional level. The L-1 nonimmigrant classification - Intracompany Transferee Executive or Manager – enables a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company that does not yet have an affiliated U.S. office to send an executive or manager to the U.S.
Recently USCIS erroneously scheduled some customers for more than one Application Support Center (ASC) biometric appointment (Form I-797C).
If you have already attended an ASC biometric appointment, and received a second appointment notice for the same application type, please call the National Customer Service Center at 1-800-375-5283 (TTY for hearing impaired: 1-800-767-1833) to confirm that you do not need to return to the ASC to have biometrics collected again.
On January 1, 2015, E-Verify must dispose of transaction records that are over ten years old - those dated on or before December 31, 2004. E-Verify employers have until December 31, 2014, to download case data from the new “Historic Records Report” if they want to retain transaction data that is more than ten years old.
I am very much impressed with the professionalism of two of Mr Khanna's staffers. Shivane and Prerna were very patient and worked very hard to complete all the forms and putting the supporting documents together before filing with USCIS. I would certainly recommend this firm to others. Keep up the good work.