USCIS offers immigration relief measures that may help people affected by unforeseen circumstances, such as disasters like the recent severe flooding in South Carolina.
These measures may be available upon request:
Topics for Discussion:
FAQ: J-2 or J-1 with 212(e) HRR converting to F-1 student; FAQ: For PERM is formal certificate required or completion of degree is enough; Correcting dates on I-94; Travel while H-1 extension pending – change in I-94#; Changing employers - what immigration documents should I keep; FAQ: Maternity leave on H-1, FMLA and status.
Other: Multiple I-140 approvals; I-140 denial; Cap-gap extension; Effect of change in citizenship on H-1; PERM/AC21 and multiple I-485 filing; Family-based green card change in category; Child turning 21 – CSPA and derivative non-immigrant status loss; L-1A visa and EB-1C filing; Filing I-485 for spouse; PERM more than 50% different job; Cross chargeability; I-130 fraud by spouse; Maternity leave on H-1; AOS filing; F-2 COS; H-1quota, etc.
WASHINGTON — The U.S. Department of Homeland Security (DHS) proposed changes to its regulations that would strengthen and enhance the process for foreign students with science, technology, engineering, or mathematics (STEM) degrees from a U.S. college or university to get practical training experience in the United States. The enhancement of this regulation was announced as a part of President Obama’s November Executive Actions.
DHS has asked for an additional extension of stay to 10 May 2016 of the court order under which the STEM extension of OPT was invalidated by the DC federal court. DHS needs time to review appx. 50,500 comments they have received on the new proposed regulations. Historical discussion pertaining to the lawsuit is at this link: http://www.immigration.com/blogs/17-month-stem-cap-gap-opt-extension-voided-court
The Department of Homeland Security (DHS) proposes to amend its F-1 nonimmigrant student visa regulations on optional practical training (OPT) for certain students with degrees in science, technology, engineering, or mathematics (STEM) from U.S. institutions of higher education. Specifically, the proposal would allow such F-1 STEM students who have elected to pursue 12 months of OPT in the United States to extend the OPT period by 24 months (STEM OPT extension).
I had applied for H-1B extension on May 15, 2015 with I-94 card expiring on Aug 29,2015. Due to some emergency, I traveled to India in June and returned in July with new I-94 card expiring on Nov 2015. Now, it's been 6 months that I applied for extension, no response from USCIS. Will there be any problem since I filed my H-1B extension with old I-94. Do we need to amend my case with new I-94 card?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
Currently on my H-1B post 6-year based on approval of PERM and I 140 under EB - 2. Would be In the process of switching jobs for some personal / professional reasons very soon.<br>
1) What documents would I need to have with myself - corresponding to PERM and I-140 - so that I can retain my priority date and start another green card process with a potential new employer ?
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2) For the documents above - would I need to have the originals or the photocopies ?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
My wife is on H-1B visa and went on Maternity Leave (normal delivery) starting 8-Sep-2015 and will be completing 6 weeks of allowed vacation on 16-Oct-2015 (We have 6 Weeks letter from doctor). However, she would like to extend the leave till 15-Dec-2015 ( Total Duration 3 Months 10 Days) as we do not have the required support for the baby. Her Employer is willing to provide her with a leave/vacation letter and she can continue to work with the same employer post her vacation. Pay stubs ($0) will not be provided by the employer.<br>
Also, we are trying to have the pediatrician provide a letter suggesting 4 months of leave but not sure if we can get the same or will it be helpful?
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State - New Jersey<br>
Visa Type - H-1B<br>
Question 1 - Will a $0 pay stub from employer be helpful to keep her in status while on leave?<br>
Question 2 - Will letter from pediatrician suggesting 4 months of leave be helpful to keep her in status while on leave?<br>
Question 3 - Request you to suggest if she will be in valid status if she continues to be on leave till Dec-15 and have a vacation letter from the employer without pay stubs ?<br>
We do have an option of moving her to H4 starting 30 Oct but would like to avoid the same.
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If she changes her status to H-4, <br>
Question 4 - Will her current employer have to file a new H1B or a simple COS from H-4-H-1B would be required once she is ready to work?<br>
Question 5 - Can COS from H-4 to H-1B be filed in premium processing ? If not, what are the timeline for processing of the same.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
WASHINGTON—The Department of Homeland Security (DHS) will allow up to 12,999 nonimmigrants in fiscal year (FY) 2016 for the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) program. DHS published the notice in the Federal Register.
I want to pursue MS Degree from US and presently I am living in the US on J-2 visa. My wife is working as a Post doctoral Fellow here on J-1 visa. We both are subject to two years Home Residency Requirement.
My concern is that how can I change my visa status from J-2 to F-1. Do I need to get a waiver before applying -F1 visa?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
1. I am on H-1B with my I-140 approved in EB-3 with priority date is Sep 2013. I have 12+ years experience in the field. I am getting an opportunity from a company. They are ready to start my green card process.
I have just completed my master degree(MCA) from India. Waiting for my degree certificate, which would take a month or two.
<br>2. Can my new employer do the H-1B transfer now based on my BSc degree (Computer Science) and once I get the master degree certificate, can they start the green card process in EB-2? Or do I need to wait for my master degree certificate before the H-1B transfer?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
We were asked to provide a second opinion on a complicated case where the US consulate had denied a green card based upon a finding that the beneficiary/applicant had committed visa fraud where they had earlier misused a visa. The consulate directed the applicant to file for a waiver (which is quite difficult to obtain). Note that a finding of fraud is a permanent bar from entering the USA.
The “Pending Employment-Based Form I-485 Report,” displays the total number of pending adjustment of status applications, per preference classification.
Great news!! I got my approval in the mail!
I have been in the US for about 10 years with my wife and a daughter. All of us are Indian passport holder and got EAD/AP. Can you please let me know if we can adopt a child from India through Inter-Country adoption process?
If you are not a US citizen, you need to adopt the child and then to possess custody of the child for 2 years (as far as I remember). Then the child can come here on H-4 or a derivative green card.
Topics for Discussion, Thursday, 29 October 2015:
FAQ: Withdrawing one pending petition (H-4) when another is (F-1) approved; Writ of Mandamus against delay; Investment property while on H-1 (Buying and renting out a house); Starting my own company while on H-1; Priority date loss upon revocation of I-140; Consequences of getting laid off on H-1; etc.
Other: TN/TD Visa; I-14- approved, company acquired; Job termination AC21; Cross chargeability evidence (Iraq); Applying for H-1 from OPT and travel; H-1 transfer while an extension is pending,I-140 revocation and priority date; Minor son on tourist visa, parent on green card; PERM denial and probability of success; Naturalization delay; etc.
This bulletin summarizes the availability of immigrant numbers duringNovember for: “Application Final Action Dates” (consistent with prior Visa Bulletins) and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.
Visa Bulletin content has changed. Learn more by reading Updated Instruction for Using the DOS Visa Bulletin.
FAQ's Updated on 21 September 2015
FAQ's Updated on 21 September 2015
I got my Passports stamped in San Diego, CA with my I-485 approval notice. The whole GC process through your offices was a REAL PLEASANT experience. I would like to thank all of your team members. In particular, I would like to mention the DILIGENCE and PREOFESSIONALISM of Diane Lombardo, in praise of which I apologize, as I am unable to get the RIGHT words. I ENVY you and your staff's CARE, PUNCTUALITY, CONCERN and UNDERSTANDING. The immigration forum http://forums.immigration.com is a NOVEL and WONDERFUL idea. You have once again proven your INNOVATIVENESS. Thanks a lot to you Mr. Khanna and your PROFESSIONAL team. Friends, if you need to get the job done right, hire Mr. Khanna. May GOD bless you and your TEAM with the BEST of the WISHES so that a LOT many souls like us, can see their DREAMS come TRUE. I am eagerly looking forward to working with you in the future. Thanks, Pallab Datta.
I am on OPT F-1 Status after my second degree. I need to know what other parts of US outland I can visit besides Hawaii without having any immigration problems?
Normally, travel to "contiguous territories" (like Canada and Mexico) does not require a visa when the trip is less than 30 days AND you do not happen to be a national of one of the eight countries that US govt. looks upon with some suspicion. But there can be immigration problems. Trip to any one of the 50 states presents no special issue.
I was denied a visa this morning under 214(b) in Kuwait. I have been working in Kuwait for a year (I am an expatriate), and have an offer of employment upon return from my studies. I just received a letter to that effect (after the denial). This is my second denial. Would the letter be sufficient as additional evidence for reapplication? I also have a bank account containing about $3000 which I plan to keep for when I return (apart from my sponsor's account).
214(b) denial is based upon a suspicion that you have no intention of returning to your home country. This ground is almost impossible to overcome when you are an expatriate, but you can try. I hate to be the bearer of bad tidings, but I doubt this will work.
I have been here in US for last eight years. I finished both my undergrad and grad degrees and presently under AOS based on skilled worker. My parents had applied for visitor visas on my three graduations, gradation of my wife, but got denied everytime. They showed enough balance and my father is a contractor. Should I give up my hope?
Barring extraordinarily strong reasons or evidence to the contrary, it is very difficult to overcome denial of discretionary visas like B, F and J.
I have a friend whose an oversea worker and was assigned in Thailand,wants to visit me in San Francisco, CA. Is it possible for him to apply for a B-2 visa? What are the requirements? How much is the fee?
Sure. B-2 is for casual visits. I suggest starting with the consular web site.
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