[Federal Register: November 25, 2009 (Volume 74, Number 226)]
[Rules and Regulations]
[Page 61517-61524]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25no09-9]
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Regarding USCIS Updates H-1B Cap Count 10/30/09, if the employer files my H1B petition immediately, (1)how long the H-1B approval takes and (2)when is the starting date to work on H-1B? As far as I'm concerned, the H-1B petition quota had usually been reached on APR 1 and the starting work date is Oct 1. But this year is different since the quota has not yet been reached. My employer would like me to work ASAP, so I would like to know if they file my H-1B petition now, can I get approved and work before Oct 1, 2010? (I have a Master's Degree from USA.)
I believe the quota for this year is still available. If so, you can start work as soon as as the H-1 approval says you can (usually immediately upon approval). You need not wait till 2010. File through premium processing if you are in a hurry.
I came on H4, got H1b, worked for few months, again changed to H4.Could somebody tell me how much would it cost to amend from H4 to H1.
I am not sure what you mean by "cost," but I can refer you to what we charge. See if this answers your question: http://www.immigration.com/services-fees/h-visa/h-visa-services-and-fees
I did 3.5 years diploma in computer engineering + 3 years BS in information systems (BITS). MY labor is in process under EB2 catageory. I am worried that my i -140 is going to denied because for my education. Mr. Khanna do you have any approval cases with diploma + BS.
I think your worry is well founded. These type of cases are difficult to get approved. I am commenting in general because I do not know the exact facts. Discuss your concern with your lawyers and if possible, get a response in writing.
| DATE | PUBLICATION | ARTICLE TITLE |
| June 2017 | Google Hangout |
Rajiv's comments in hangout arranged by USINPAC with Congressman Raja Krishnamoorthy |
Immigration Law In The Workplace
Rajiv S. Khanna
(Published in The Practical Lawyer, Dec. 2009
A publication of American Law Institute-American Bar Association)
----------------------------------------------------------------------
My wife and I got our I-485 approved. Rajiv's law office did a great job. My special thanks to Sheena, Bharathi and Rajiv for their help and guidance.
The U.S. Department of Homeland Security (DHS) announced that at 12:01 a.m. (CNMI local time/GMT +10.) , Nov. 28, the immigration laws of the Commonwealth of the Northern Mariana Islands (CNMI) will be replaced by the Immigration and Nationality Act (INA) and other U.S. immigration laws. The definition of “United States” in the INA simultaneously will be amended to include the CNMI—providing new privileges and easing restrictions to CNMI residents wishing to live and work in the United States.
My company filed my perm application in march 2009 and We did`nt heard any thing from uscis. My H1 is expiring(Max-6 years) in March 2010. My question is when I can file for H1 extension?
You can apply for H-1 extension 6 months ahead. But the start date cannot be earlier than March 2010 (when the one year pendency/filing of PERM is reached). You can also get an H-1 extension when your I-140 is approved (if your priority date is not current).
My mother in law would like to visit me and her grand daughter and i would like to get her a visitor visa what do i need to get that and how do i get one?
She needs to contact the US consulate closest to where she lives. Normally, they will be able to tell her what she needs to bring and what the procedure is. This information should also be available on consular web site. Most consulates also respond to e-mail enquiries.
Hi: I found my entire interaction with Rajiv S Khanna and company to be a very positive experience. Right from the initial point of contact to making an appointment and on finally speaking to Mr. Khanna himself. I would say my experience was very enriching. Thank you Jehangir Gotla
Notice of Entry of Appearance as Attorney or Accredited Representative
With the application or petition being submitted.
This Personal Search Handbook sets forth U.S. Customs and Border Protection (CBP) policy for the conduct of searches of persons at the border by CBP officers using border search authority.
This directive provides guidelines and procedures for examining documents and papers during all Customs operatons at the border, functional equivalent of the border and extended border.
I am looking for your advice here, my online case status for denied I-140's appeal I-290B as "The I290B NOTICE OF APPEAL TO THE COMMISSIONER was transferred and is now being processed at a USCIS office." this status is there for past 19 months with no further updates, recenetly opened SR recieved response saying my case is pending at AAO office in washington, which one is correct,Is my case transfered back to USCIS or still with AAO any idea. is there anyway to expedite my denied/appeal I-140 I am on 7th year H1b extension. Incase appeal denied what are the options I have.
Call AAO directly. They should be able to tell you what is going on. If the case was transferred back to CIS, that is at least partly good news. That means the appeal was not denied. As to options, you need to make an appointment for consultation with your own lawyers or us.
I do have a question regarding EB2 eligibility. I earned a Bachelor degree in Science(B.Sc with Physics subject-which is not related to IT) from India(3 years) and also earned Masters in Computer (MCA in IT) (3 Years). So will I be able to file my employment Green card in EB2 category if I file my Green card in IT based company?
It is possible, but tell your lawyers to draft the PERM application carefully, so if EB2 is denied, EB3 should still be approved.
I am a US Citizen, my husband is a permanent resident whose green card expires in Nov. 09. Does it automatically get renewed or am I required to sign something? And what happens if I am contemplating a divorce. Does he get deported?
If he has a "permanent green card," divorce has no impact on it and renewal is a minor process in which your signature is not needed. If he has a conditional green card, he is required to file Form I-751 (read the instructions), where if the marriage was entered into in good faith, he can obtain his permanent green card even without your signatures.
If I file under EB2 in same educational qualifications, so in which stage it would be chances to denied. I mean in Labor, 140 or 485?
Your education/qualifications are USUALLY questioned in great detail at the I-140 stage. But USCIS or DOL can question any of these matters at any stage. I have seen approved I-140's being reopened and denied at the I-485 stage.
I am a US Citizen and I filled the forms for my brother to come here, but I want his son also to come because he is a very skilled computer programmer and I need him in my business. I included him in my petition form but he is 25, is it possible for him to come here? They are in Cuba.
Look into a work visa option for him (H-1, H-2B, etc). Family-based would take too long.
I received a complete official transcript and a letter confirming that I have completed all the requirements of the master degree. The university's next graduation date is Jan-30 2009 when I will get the diploma. Can I apply for EB2 on my complete official transcript or I have to wait until I get the diploma.
Generally speaking, under immigration law we focus on when the degree was completed - NOT when the formal diploma was conferred. Speak with your lawyers.
I want to know if I am applying for both my parents to immigrate I do know I need to do 2 separate petitions. But do I need to pay to pay 2 separate fees as well, or what is the process please help thanks.
As far as I remember, separate forms are needed for parents. Read the instructions on Form I-130.
I am on H2b visa and married to an American. Should I go ahead and start filing my paper work or should I wait on till my contract is up with the company I am currently working for?
I see no reason to wait.
I found your site is very helpful to know the US immigration. I would like to ask few queries about Immigration. I have just got notice the petition has been approved as relationship of sister. My Brother is living in US, He is US citizenship card holder. My query is how many years or months should I wait for the Interview of VISA.. Does it take long time or now it is very short? I tried to search in different site but I didn't get my answers. As my understand this is in F4 categories. I am from Nepal. I would be very glad if you provide about my answer of question.
Wait times are governed by priority date. Read the visa bulletin: http://www.immigration.com/visa-bulletin
I am asked by my lawyer to obtain experience letters from my 2 previous employers in their letter head and signed by someone from HR. Is this something that is required for the application of I-140?
In my view, these letters should be obtained BEFORE the PERM application is even started. It can be one of the required and key pieces of evidence in I-140. But the preparation to deal with this issue has to be made even before the PERM application is drafted.
I took consultation with Rajiv Sir twice. In few words, I would say he is excellent in his knowledge and he really reads your case, tries to understand it before he talk to you over the phone. My case is very much complicated ( labor substitution, EB2, concurrent filing, previous comp filed chapter 7, new comp filed another GC with different salary and job duties...etc).
During my first consultation, I asked same set of questions (10 - 15) from both Rajiv Sir and Sheela Murthy but I got all my queries answered with satisfaction and piece of mind only from Rajiv Sir.
During my 2nd consultation, due to dynamic nature of my queries, discussion needed more time than scheduled and Rajiv Sir gave me another slot free of charge to give me right direction before closing discussion thread with him.
Finally, I would say his fees is highest amoung all lawyers I have met but is worth paying as it gives you piece of mind at the end.