Community Conference Call, June 10, 2021. Presented by: Rajiv S. Khanna (Every Other Thursday)
Nonimmigrant Visas
Discussion Topics, Thursday, June 10, 2021:
Discussion Topics, Thursday, June 10, 2021:
I am planning to file green card (I130/I1485) for my mother. She was born in 1949 in India and does not have her birth certificate. Only identity with date of birth she has is her passport and Aadhar card. She has visited US couple of times.
Go ahead and get a certificate of non-availability if possible, get a birth certificate from New York, get two affidavits from people who were alive when she was born and submit all of that together.
Note: Where transcribed from audio/video, 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 stayed in US on H1b from 2013-18, almost 5 years and went back to India. In 2020(after 1 year of cooling period), my employer has filed new application for H1B and lottery got selected in 2020.
I got my visa stamped in April 2021 with a validity till 2023.Because of new location & salary mismatch, I had to file the amendment and this time I got the approval for next 9 months only till March 2022.
On further enquiry with my employer's immigration team, I came to know that USCIS has used the remaining 9 months on the first H1B. My queries are:
1. Does it mean I will be allowed around 7 consecutive years of stay in US( 9 months on older visa plus 6 years on new visa) or I need to come back to India and serve 1 year of cooling period after spending 9 months ?
2. Will my new visa be applicable once I spend 9 months of time in US?
3. Is there a way I can opt to take approval duration on the current visa only?
The USCIS had made a mistake and they should give you the entire six years. So your H-1 should be approved for three years and not for nine months. Your lawyer should reach out to them and say you are entitled to the three years.
Note: Where transcribed from audio/video, 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.
According to the criteria you have listed on in the article, I can satisfy 7 of the 10 points. So how could I apply? Where to start and where to go?
You should certainly get your resume evaluated. Note that merely qualifying for the 3 out of 10 categories does not automatically qualify you. That is just the preliminary step. There is also an overall review of your qualifications to ensure that you indeed are one of the top few members of your profession.
Note: For the NRI readers, The Economic Times has started an immigration helpdesk. A team of experts which includes Rajiv S. Khanna will address the most pressing issues. Please see the link below.
Note: Where transcribed from audio/video, 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.
What is the situation for F-1 and J-1 students to travel or travel back to the United States?
F-1 students who already have their visa stamped on the passport can travel back in July. Those who do not have a visa stamping will have to wait for either the consulates in India to open (currently processing only emergency visas, which could include imminent academic session), or try obtaining a student visa in a country other than India. J-1 students will need to apply for National Interest Exemption, which should be given, but only when the consulates open for business.
Note: Where transcribed from audio/video, 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.
The policy update will help provide stability to U Visa Petitioners supporting law enforcement efforts to investigate and prosecute crimes
Release Date
Effective June 14, 2021, the Vermont Service Center will no longer receive any incoming mail at the St. Albans, VT facility, which is being decommissioned.
Mail sent to the previous addresses will be forwarded for one year, but any mail sent to the previous addresses after June 2022 may be returned to the sender by the United States Postal Service or the courier service used.
Please refer to the chart below for the updated addresses.
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The travel bans necessitated by the COVID pandemic have created much flux and uncertainty. Synthesizing the information now finally available from various US government sources, it is clearer now that many intending travelers can seek and obtain an exemption from the ban under a series of provisions for a National Interest Exception (NIE).
You should be able to apply for an NIE to overcome the ban on travel to the USA if you meet any one or more of the following categories:
Number 55
Volume X
Washington, D.C
A. STATUTORY NUMBERS
This bulletin summarizes the availability of immigrant numbers during July 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.
They were really professional and fast while filing my H1B paperwork and everything went smoothly. The documents needed were checked thoroughly and the whole process was smooth. They responded immediately and gave updates quick
Release Date
U.S. Citizenship and Immigration Services announced it will accept resubmitted fiscal year (FY) 2021 H-1B cap-subject petitions that were rejected or administratively closed solely because the requested start date was after Oct. 1, 2020.
Discussion Topics, Thursday, June 24, 2021:
FAQ: Consequences of B-1/B-2 Visa Extension applied and leaving the USA || Changing Multiple Jobs While AOS I-485 is Pending - Consequences || I-129 Nunc Pro Tunc Request
Published by: The Economic Times - Date: June 29, 2021
Synopsis
Bear in mind that the travel ban requirements and exceptions are likely to keep changing based upon the state of the pandemic. Thus, before traveling, it would be prudent to check the latest developments on the consular websites.
For more on this article please see the attachment below.
Published by: The Economic Times - Date: June 30, 2021
Synopsis
A green card is considered to have been filed usually when an application for an immigrant visa (Form I-140) is filed with the USCIS. The majority of the green cards require preclearance from the US Department of Labor, referred to as labor certification or PERM petition.
For more on this article please see the attachment below.
Release Date
U.S. Citizenship and Immigration Services today announced a pilot program for accepting credit card payments using Form G-1450, Authorization for Credit Card Transactions, for U nonimmigrants filing Form I-485, Application to Register Permanent Residence or Adjust Status.
USCIS recently updated the following USCIS form(s):
Authorization for Credit Card Transactions
04/23/2021 09:49 AM EDT
I hired the services of Mr. Rajiv Khanna's law firm after a so-called big shot immigration attorney here in Dallas proved to me that his incompetence & sheer lack of knowledge came at an exorbitant price. Being a perfectionist by nature, I decided not to go in to the H1 process with that conman and chose to go with Mr Khanna's law firm instead after thorough research. Can easily say that it was one of those decisions for which u pat yourself on the back. The sheer promptness, professionalism and clockwork precision exhibited by Anna Baker, Rena Waddell & Charu Bhagat was exemplary. At the same time, they were very patient with my constant complex queries. I never felt a lack of warmth in my interaction with them, which is pretty uncommon otherwise, especially when it comes to law firms. The processing & paperwork was super-quick and the ball was always rolling. It was hardly any time after my case was filed that I got a call one morning informing me of my approval. And to think that I have never even seen or met any of these wonderful people. One word to describe these guys. Brilliant.
Hi Rajiv, I just wanted to take this opportunity to complement you and your highly skilled team of lawyers on doing such a fantastic job of helping so many people out there who don't have enough understanding of US laws. You guys are not only knowledgeable but also EXTREMELY courteous and willing to help to all of us. I would specifically like to mention Leila M. and Hanna Baker, as the two individuals, I had an opportunity to talk to, and both of them were really helping and understanding. I can't thank them enough for providing the MOST accurate advice which helped me a lot and that too without expecting anything in return which makes it even more noble. Please keep up the good work.
Thanks.
Thanks to Chary Bhagat and Rena Wadell for a job well done. Extremely helpful, diligent and patient!!!
Hope to do many more cases through immigration.com
It took me full 6 years to get through the green card process and had to face a lot of obstacles along way. So what, Rajiv was there at every stage of the process. Thank you for your expertise and support. Thanks to everyone on your staff, especially Suman Bhasin, Leila Leyman, and of course Diane Lomabrdo. Great team!
I cannot thank enough the Law Office of Rajiv S Khanna and my direct contact in this case Anna Baker for doing such a wonderful job in getting me approved for H1B classification within such a short period of time. Anna Baker has been a tremendous help with regard to the case and especially getting back to me on answering my questions at her earliest. Fee is very reasonable for the service I was provided. I would definitely recommend for any immigration issues and I myself look forward to taking care of my future immigration issues with the Law Office of Rajiv S. Khanna.
Anna Baker Great Job. I am very pleased.!!!
Very efficient, helpful and personal services. The process was made easier thanks to the professional staff. Thank You very much. I highly recommend their services.
My labor certification was done without any problem and the guidance I am getting for filing I-140,I-485 for me and my family members is excellent and I shall be grateful to Mr.Khanna and his team
Team is very professional, very knowledgeable and experienced in the immigration process. Team has a check list on every step in the process. Team is very prompt in responding to the emails and to the calls. Team will never submit without checking the documents properly. All my approvals at every stage are without any RFE's. They are always on time in submitting the documents.
A special thanks to Richa Narang, Prerna Mehta, Bharathi Gajjala and great attorney Rajiv Khanna.