Immigration QnA with Rajiv, Dec 2, 2021(conversation with Yudi on behalf of students&professionals)
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Immigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
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Immigration.com, Law Offices of Rajiv S. Khanna PC, US Immigration Attorney
Release Date
USCIS announced today that it will automatically extend parole and employment authorization, if applicable, for parolees who timely applied for Commonwealth of the Northern Mariana Islands (CNMI) long-term resident status.
Processing Queue | Priority Date |
---|---|
Analyst Review | June 2021 |
Audit Review | February 2021 |
Reconsideration Request to the CO | June 2021 |
Discussion Topics, Thursday, December 09, 2021:
FAQ: Working for two employers on W-2 using the GC-EAD || STEM extension denied based on approved H-1B pending for withdrawal at a USCIS service center || Correcting names on passports, visas, and other documents || Options to remain in status: F-1 visa expired, H-1B approved for consular processing, but not stamped.
I am in a situation where my current employer has filed PERM and as per the timelines there are high chances that it will be approved till January. And as per immigration team in the current company says it could take a week or two to file for I-140. I am going to pay for premium processing. But at the same time, I have accepted an offer from another company and the start date is 31st January. I am sure that I-140 would not get approved till then. Can I pay for premium processing, leave after they file the I-140 and before it gets approved? Will it go through?
PS: As per company's policies they don't revoke I-140 of the employees if they leave before 6 months.
Theoretically, an I-140 does not require you to be continued to be employed by the petitioning employer. You could leave after applying, but if there is an RFE, the employer would not be motivated to respond to it. As a practical matter, there is a second difficulty as well.
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com
I am on my H-1B and my wife is currently on her H-4. With the new bill does she still need to wait for my I-140 to be approved?
There is no new bill, just a policy clarification. And, yes, she will have to wait per the law.
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com
I was in India for my H1 stamping during Dec 2004. This is my first H1 stamping after my OPT. During my first interview the consulate asked me general questions like:
Where do you work ?
what is you daily routine work ?
what is your Boss's name ?
How much do you get paid ?
Hi everyone. I am back as a permanent resident. Had a successful interview. The interview was pretty easy, a young american guy asked me a couple questions regarding my work and then told me my file was fine but the fingerpritning machine was down so to please wait. I waited for 30 mins and then was asked to go back on Friday. The lines outside the Mumbai consulate are awful, be prpeared to wait for a long time in the hot sun. Since the fingerprinting system was down the day of my interview I was asked to go back along with all the other immigrant visa applications for that day.
In a welcome move, US government is showing some understanding of the economic benefits of business and employment-based immigration.
Secretary of Homeland Security Janet Napolitano and U.S. Citizenship and Immigration Services (USCIS) Director Alejandro Mayorkas have outlined a series of policy, operational, and outreach efforts to fuel the nation's economy and stimulate investment by attracting foreign entrepreneurial talent of exceptional ability or who otherwise can create jobs, form startup companies, and invest capital in areas of high unemployment.
Folks,
Yes its true. Ever since I met my wife to be in Sept 03, I was waiting for this day. The day she could join me in the US. Today is the day this dream becomes a reality. Today is the first day of the rest of my life!
My wife's CR1 interview experience on 2/22/05 at Chennai,India - in her own words
Release Date
USCIS is reminding the public that they offer immigration services that may help people affected by unforeseen circumstances such as natural disasters. Examples of unforeseen circumstances include, but are not limited to, the severe weather in Kentucky and surrounding states.
The following measures may be available on a case-by-case basis upon request:
Release Date
U.S. Citizenship and Immigration Services is temporarily waiving the requirement that the civil surgeon sign Form I-693, Report of Medical Examination and Vaccination Record, no more than 60 days before an applicant files an application for the underlying immigration benefit (including Form I-485, Application to Register Permanent Residence or Adjust Status), until Sept. 30, 2022.
Great people, Great Results.
Subha,Prerna,Helen and Mathew are simply superb,very prompt
and courteous. I would recommend anyone.
We would like to thank The Law Offices of Rajiv S. Khanna, specially Savita for helping us get through our green card journey. They were very helpful, courteous, prompt and knowledgeable about the whole process.
The whole experience was very smooth, we just had to provide the required documents and information. It is very important to have a highly qualified and professional Law Office on your side for such a critical process.
I would highly recommend them to everyone for all immigration related matters.
Thank you so much to Rajiv, Savita, Leila, and everyone else who handled our cases.
Receipt Date: March 5, 2004
I-140 approved: January 16, 2005
I-485 approved: March 15, 2005
Thanks to the excellent work by Attorney Rajiv S. Khanna's team, especially the exceptional work by my case manager Diane Lombardo, my GC application was such a smooth sailing, it took only 1 year and 10 days for USCIS to approve the application!
I deeply appreciate the excellent professional work and the quick & concise responses by my very experienced case manager Diane Lombardo. Diane always answered my questions the same day, sometimes within minutes! She was so quick and professional in preparing my application documents, I always find myself being the one whom was too slow in response - such as providing supporting documents or returning a signed application form to her. Working in science, I found many of my colleagues were also applying for a GC. None of my colleagues’ other attorneys ever came close to providing the excellent and quick professional help the way Rajiv’s team does everyday! I highly recommend Rajiv’s law firm to anyone whom is looking for excellent professional help in immigration matters!
An additional information on why I chose Attorney Khanna: 6 years ago, I was fresh out of graduate school and half-heartedly contacted several law firms about applying for a GC. Not only did Rajiv himself call me just 2 hours after I contacted his law firm (I called before I went to lunch), he also gave me an honest answer after a quick evaluation over the phone - that I did not have much of a case back then! The quick response and no-nonsense answer are the reasons that, after establishing my career, I chose Attorney Khanna's law firm to process my GC application. And the outcome tells me that I had made the right choice!
I am currently working as a Senior Software developer at a small company (13 employees). It is privately held and I don't have any stake in it. I am on an H-1B visa and my I-140 is approved under the EB-3 category. I see an opportunity to start a team in India for my current company. I can manage the team from India, staying there for a year. After that, I can come back to the US and still manage the Indian team while working in the USA. I will probably have to play a dual role where I am a senior developer and should manage the Indian team. Will I be eligible for EB-1 manager/executive level after 3 years? If not, is there an easy way I can leverage the advantage of working in a small shop to get a green card faster.
You should be able to include the team in India amongst the professionals you manage if the benefit of the work flows to the corporate collective. You don't have to be outside the USA for three years. The required time period is one year. This could work, but you must have a detailed consultation with your lawyers. They should make sure your proposed jobs in India and then in the USA meet the legal requirements for an L-1A/EB-1C.
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.
My friend had traveled to India in an emergency situation in April this year. Since the consulates were closed for so long, he could get his H-1 visa stamping done by an emergency appointment last month (through NIE) only. Now, his job contract ended here. What are his chances to come back to the U.S.? - Does he need to have a job with an offer letter before traveling back to the U.S. back?
Unless you have a specific job in hand, the one that has been described in the H-1B you should not come back.
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.
H1-B Visa Stamp Expired - but H1-B Status Valid until Sept 2023 (I-797 Approval Notice)
I-140 approved long back, I-485 pending (PD not current but close), I-765 + I-131 approved Combo Card. Travelled to India with both H-1B I-797 and I-485 EAD/AP (Validity was 1 Year) and returned a couple months back; chose to return on I-485 AP because could not get a Visa Drop Box Appointment. New I-94 received upon entry is only valid till AP expiry date; which is prior to H-1B I-94 attached to I-797 (Sept 2023). No change of Employer before or after the travels - return to the same employer.
a) Does the use of AP on returning mean the H-1B status is abandoned in this case?
b) Will I fall out of status after August 2022 - based on this new I-94 with AP entry?
c) Can the already approved H1B status be reinstated (if it was abandoned) and also be extended like regular H1B extension after 2023 - if yes, would that need a travel out of the country before August 2022 and return on H-1B visa stamp?
a). Although you entered the United States on advance parole this time you are still considered to be holding a H-1B status. That is not disturbed by your exit and entry.
b). The I-94 that you get with the advance parole entry is limited and hence it should not be a problem. You should be able to transfer employers. You definitely can amend or even extend your H-1B within the United States. I am not aware of any limitations on the ability to use the H-1B for a transfer.
c). Yes you can always revive an H-1B. If the H-1B has expired, you can seek a renewal of the H-1B through the USCIS and then go outside the USA (your home country or any country) and get a H-1B visa stamp and come back.
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 have had an approved H-1B petition since 2010 but never used it. Can I reuse that petition and obtain an H-1B transfer to a different company? The old company who has filed H-B petition has not withdrawn it.
The problem I see is that the approval is too old. A never-used H-1B approval obtained more than six years ago may not be viable. But, you can have it researched further. I suggest you look into something called the” remainder option.” Although, it is probably not applicable to you, but your lawyers should make sure of that. Normally, the remainder option is available for people who were employed for a while in the USA on H-1B. These folks, if they go outside the United States for one year after the H-1B employment, can get the time remaining on their H-1B without regard to when it was approved.
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.
Number 61
Volume X
Washington, D.C
A. STATUTORY NUMBERS
This bulletin summarizes the availability of immigrant numbers during January 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.
I currently have my I-140 approved from two employers for a Senior Software engineer position under EB3 quota. I have my green card EAD with priority date: Nov 2014. I-485 has been pending for more than 180 days. I expect to be promoted to be a manager in the same line of work in the next 6 months. Due to personal circumstances, I might have to move to a different employer right after. Could you please let me know if there are any concerns if I switch right after getting promoted? The job duties would change but the line of work will be the same.
I do not see any problem because remember there is the possibility of self-portability as well. But of course, you should have your lawyers review the two job descriptions and make sure they are same or similar.
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 am in the initial OPT which expires on November 30th, 2021. My STEM Extension has been denied based on approved H1-b which is pending withdrawal at the Texas Service Center for the last 6 months. My current employer’s attorney raised the Ombudsman request a week ago and I’ve taken Ohio senator's help to submit inquiry two weeks ago but no response so far from the USCIS and also from online forums it seems it’ll take 30 days to get a response at least but I’m running out of my time. My employer is reapplying for my STEM OPT in two weeks again. Do I need to take any other steps to get this issue resolved?
Firstly, talk with your DSO. Second thing is to talk to your congressman's office. Even though they are effective in my opinion they can take time. These are the only two steps that I can recommend in addition to what you have done.
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.
This bulletin summarizes the availability of immigrant numbers during January 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.
For more on the Visa Bulletin click here.
Dear Rajiv,
I finally got my approval emails today. My green card story started way back in September 2002, when I sent an email along with my CV to Rajiv one late evening. To my surprise the very next morning I got an email from his office indicating that Rajiv would like to talk about the case and we were on the phone within the next 30 minutes. Rajiv was very polite and courteous and suggested that my application will be best suited for the EB1-EA category. Within couple of hours I received an email with paperwork to sign a retainer and details about the documents I will need to file the application. I must say that the list was extremely long, but again this kind of a detail is what makes approval a breeze. My application was filed within two weeks after I had submitted all the documentation. Rajiv has excellent staff even for handling EB1-EA cases and one of his staff members wrote a 12 page cover letter which basically summarized the whole case in a point-wise manner. Couple of my friends have applied in this category using services from other attorneys and invariably I hear and see that they have to write their own cover letter in first person. In my case, the cover letter was by the Rajiv’s office and six major criteria’s were met by quoting reference letters and supporting documents. Needless to say that the I-140 approval came without any RFE. In 2003-2004, VSC was extremely slow in approving EB1-EA cases but as soon as my receipt date was reached, Rajiv’s office made several calls to VSC to check the status of my case and finally place an AILA request about the status of my application. My approval for I-140 came in Feb 2005, within three weeks of his request. An RFE was generated for my I-485 and here too, the response was nothing but prompt. I received the copy of my RFE via email and the response was submitted the day papers were received at Rajiv’s office. I finally got my approval within three weeks of the receipt of RFE by VSC.
Though this journey has been lengthy and painful, Rajiv and his staff has been with me every step of its way. I can guarantee that this practice is the BEST in the country.
Along with my GC application, Rajiv recently helped and advised two people, who work for me, about technicalities of H1B without charging any fee. This shows that Rajiv is an excellent human being. I whole heartedly recommend his practice for any immigration related services.
Keep up the good work