Beginning Friday, May 1, 2015 USCIS will accept only the new version (edition date: 10/23/14) of Form I-129, Petition for a Nonimmigrant Worker. The edition date is printed at the bottom of every page. We will reject previous editions of this form if you submit them on or after May 1.
USCIS issued the new version in January and have continued to accept old versions during the transition period, which ends Thursday, April 30.
In response to recent court decisions that have created significant uncertainty around the H-2B temporary foreign nonagricultural worker program, the U.S. Departments of Labor and Homeland Security today announced an interim final rule to reinstate and make improvements to the program and a final rule to establish the prevailing wage methodology for that program.
1.Can we own our business?
2. Do we have to run own payroll?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/3Heaadpk1Ik?t=933
FAQ Transcript:
1. Yes you can.
2. You do not.
Radio show April 28, 2015:
Question1: My spouse is on H-1 visa and his former employer filed I-140 and then my spouse changed his employment to another employer and transferred his H-1, the I-140 has not been revoked by former employer. So my H-4 is with the former employer valid for three years, and current employer for my spouse has not filed H-1 for me. Is the H-4 from the former employer valid for file EAD or do I have to apply for H-4 again and what would be the documents that would I need to file H-4 EAD ?
Answer: Every time the H-1 holder changes job, the H-4 holder does not need to re -apply for H-4. Your H-4 is good. You don't have to have different H-4 for the employer. Of course, every time the H-1 holders change their job they have apply for new H-1 but as long as you never violated status and H-1 holder has never violated status that H-4 continued to be good from job to job to job, you are good.
Your second question was what document need to file H-4 EAD?
Answer is we don't know yet. When the instructions for the new form I- 765 come out along with the form I-765 they will tell you exactly what you need to submit . I suspect probably marriage certificate along with evidence of couple of last pay stubs of your husband's, copy of H-1 receipt and a copy of your H-4 receipt or approval or visa stamped. That typically they should be looking for. But I don't have any basis for saying, this is just my guess.
Question 2: I got my H-1B petition approved last year, it got extended as well. I have never used any of these visas to work in the U.S. though I have travelled few times to U.S. but on B-1 visa for meetings with the customers. So the question is when do I become exempt from the H-1 quota?
Answer : In your situation when you are outside the USA, you become exempt from the H-1 quota when you get your visa stamped. So I think USCIS interpretation of law is faulty and incorrect, because in my view as soon as H-1 is approved you should be exempt from the quota but USCIS has taken the position that unless you get the visa stamped from the consulate we will not consider you exempt if you are outside the USA. So it appears to me that you should be exempt from the quota.
Question 3. I just got my citizenship and now wants to apply for my younger sister, who is alone in India. I lost my parents few years back so she is all alone but she is above 18. Is there any way I as a brother and only relationship here in United States apply for her Green card in such a manner that she can be here in United States as soon as possible.
Answer: Siblings Green Card is like planting mango trees, in India we used to have saying that mango trees takes so long to bring fruit that one generation plants the tree and the second generation eats the mangoes. It's kind of that for sibling cases, it takes 13 years for the Green Card to come through and there is no way we can expedite that Green Card. However leaving the option of Green Card filing you could look at the things like sponsoring her for her student visa if she wants to study or if she is an professional or intent to be professional soon she can come on H-1 or L-1 visa, like other people do. f you have money you can gift her half a million or million dollar depending upon what kind of money you have that you can invest in her. So Investment visa could be an option but there is no way you can expedite sibling green Card.
: I take this opportunity to thank Rajiv Khanna and his team for their professionalism shown by them through out my association with them for green card and h1b process(I have been associated since 2001).
Our Green Card got approved on April 27th.
Special thanks and appreciation to Rena Waddel (H1B processing),Shevani Sharma and Prena (Green Card processing and related activity)
Here I would also take the opportunity to thank Rajiv Khanna for his efforts to stream line the processing of green card by USCIS . Your case has brought in lot of change to their functioning.
Least but not the least www.immigration.com and immigrationportal.com are very good source for any kind of information related to immigration.
thanks
We got our Green Card approved on May 6th. I want to take this opportunity to thank Mr. Khanna and his staff.
My Green card processing took more than 3 years and through out the process, Mr. Khanna's office was very helpful. I had a lot of questions along the way and they were prompt and precise to all my queries.
The whole process was like a marathon run. Vijay Durgam helped us get started with the process. He did a thorough evaluation of my case and filed for the labor certification. We were very optimistic and enthusiastic on filing for the labor certification. Then we hit the middle phase of the marathon where the labor certification seemed to take forever. Mathew Chacko helped us during the dull pessimistic days. He kept our hopes going and encouraged us till we hit the home stretch. Finally we got our labor approved and filed for 140/485. Prerna was very helpful and was impeccable with the documentation. The last leg was a sprint and we got the 485 approval in less than 3 months.
Special thanks to Vijay Durgam, Mathew Chacko and Ms. Prerna Mehta.
From Labor certificate, I-140 and I-485, Mr. Khanna's team did a very good job on my case. LC was filed in July 2002 and I-485 was approved in March 2005. Everything went smoothly. Mr. Khanna's team is a good one.
Thank you so much for your excellent work! Anna, Ursula, thank you so so much! The road was long and hard, with many pitfalls along the way - but with your guidance and hard work, I am finally united with my fiance and now she is my wife! Keep up the great work!
Dear Mr. Rajiv S. Khanna,
You and your Team has worked tremendous for me getting green card with in 2 years. Dol - 16 months I-140/I-485 = 8 months
I applied my (EB3) State Labor Cert (FL) on 01-2003 AD 03-2003
Dol (AL) on 04-2003 AD 05-2004
I-140/I-485 (Concurrent -TX) on 08/30/2004 AD 01/25/2005
EAD AD 09/27/2005
FP done on 04/07/2005 ( Local Jacksonville Office)
I-485 AD 04/25/2005
(1. I-140 Ref (01/24/2005) - by phone directly to my Attorney proof of my master degree
(Attn. Mathew Chacko immediately responded and sent the fax copy ) Next day I got the approval. This is really tremendous work.
I like to say some other people in your team Subha, Prerna, Hellen.
I140/I485 - assigned my case to Hellen, She is the real professional and very very helping and good customer service.
So for I requested lot of question about my case, she responded with detailed information with in the sane business day.
Hellen - really you done a good job also one of the best in the Rajiv's team.
Finally I thanks to every one on Rajiv's Team where doing the great job to the people for getting H1B & GreenCard faster.
Thanks
First of all, thank you very much Rajiv for all your advise during this greencard journey, especially during this last 2 weeks. Every time we have relied on your advice blindly.
It has been a great morale boost and also professional confidence when I contacted Rajiv khanna's office for providing the professional support for AC21 case.
The documentation and support from Mathew Chako was really good and it was clear and precise to the point.
Also at the time of interview, Rajiv provided good support without any additional economic consideration. It was really nice to have a person next to you at that time of interview process.
Really I am hats off for Rajiv Khanna's team......
I wanted to thank you for all your help - I really loved the petition you had made for me for my I-140. I think the quality of the petition was great and given the complicated nature of my case, your efforts made all the difference.
Some background about my case - my I-I40 petition was earlier handled by another legal firm who filed my case under the wrong category and had screwed up. As a result, my I-140 petition got rejected.
One of my friends referred me to Savita and Rajiv and they did an EXCELLENT job with my case. Rajiv personally counseled me and advised me on the approach that was best suited. Savita prepared the I-140 petition and did a very good job. My case got approved.
Got GC in 18months (RIR Labor application to 485 approval). Rajiv Khanna (RK) helped me out of a mess that I thought was impossible to solve. He helped out an unknown emailer, spent hours analyzing the situation over the phone and devised a game-plan. Guess what, without signing a retainer or expecting compensation. I still remember when I called other “big lawyer” for help, first thing her office wanted was my credit card.
Story began in summer of 2003. When I found out that my earlier lawyer had screwed up the whole 140/485 application and was eventually denied, loss of 4years of waiting. I then emailed RK for help. He patiently heard the story and advised that I should redo the whole application from point A. Even though dread of going through whole labor application all over again was overwhelming, RK was absolutely correct that earlier labor was approved under incorrect language, mistakes many inexperienced lawyers make.
Best thing is that he sticks by the books, remains honest about the situation and never promises miracles. Apart from RK’s excellent competency and vast experience, he has excellent well-trained support team. That really makes a huge difference because game-plan is one thing, while organizational support & efficient execution is other.
Release Date
In response to the COVID-19 pandemic, U.S. Citizenship and Immigration Services is extending the flexibilities it announced on March 30, 2020, to assist applicants, petitioners, and requestors who are responding to certain:
Form Type | Case Type | Completed 0-180 Days | Quarterly Completions |
---|---|---|---|
Cumulative total of all completions | 28.92% | 830 | |
I-129CW | Petition for CNMI Nonimmigrant Transitional Worker | 100% | 5 |
I-129E2 | CNMI Treaty Investor | 100% | 2 |
Processing Queue | Priority Date |
---|---|
Analyst Review | July 2021 |
Audit Review | March 2021 |
Reconsideration Request to the CO | July 2021 |
FAQ: Consular processing employment-based green card with a job offer from a different employer
USCIS recently updated the following form:
Thank you!! GC in hand after 12 years!! It was long journey of more than 12 years but have been made easy with Mr. Khanna and his dedicated team! We are very Thankful to him and his team. I got the EB2 approved in less than 2 months which was a big surprise as a Physical Therapist and now change In status for I-485 in less than 3 months which was unbelievably faster than any processing time line mentioned online. I especially would like to thank Mr. Bryant who was always available to answer our questions and concerns and was prompt to reply every email in a short duration. We must have exchanged more than hundred calls or emails. Mr. Khanna was available and with his expertise and knowledge, cleared our doubts and gave the best answers to complicated situations at times. I would also like to Thank Ms. Suman, Ms. Anna and Ms. Prerna for helping with first H1 b approval process and 3 extensions thereafter. I would highly like to recommend their team!
Number 62
Volume X
Washington, D.C
A. STATUTORY NUMBERS
This bulletin summarizes the availability of immigrant numbers during February 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.
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 Marshall fire in Colorado.
The following measures may be available on a case-by-case basis upon request:
USCIS recently updated the following form(s):
Petition for U Nonimmigrant Status
12/06/2021 01:32 PM EST
Release Date
U.S. Citizenship and Immigration Services announced clarifying guidance on how USCIS determines whether an O-1B beneficiary will be evaluated as a person of extraordinary ability in the arts or as a person of extraordinary achievement in the motion picture or television industry when a case has elements of both.
Students in the following fields will be able to obtain STEM OPT extensions for 24 months:
Immigration.com has been tremendous in my Green Card processing so far. Their professionalism and prompt approach has been very helpful.