Radio Show, April 25, 2013
http://www.immigration.com/media/april-25-radio-show-mera-sangeet
Question 1:
I am a US citizen and my mother who is in India has a ten year visitor visa that is expiring in April of next year. I would like to apply for a green card for her. What is the best way? Also she has PR Canada stamp on her passport that has expired. Will this be an issue? Can she travel?
Canadian immigration should not be an issue whether it is expired or current. Traveling within six months of the expiration of the tourist visa is no problem. A visa is merely the permission to show up at the airport. So even if you show up at the airport a day before the visa is expiring it is ok. At the airport the Customs and Border Protection (CBP) officers decide how long you can stay which is typically six months. So even if the visa expires the stay 1-94 should not expire. That is the important part. Entering is no problem. So first issue Canadian immigration is not an issue, visa expiring is also not an issue.
But the third point which is applying for green card is tricky. If somebody uses tourist visa to enter USA with the preconceived intention that I am going to convert to green card that can be considered to be fraud by the government. However if you enter USA and a few months later your intention changes and you want to apply for a green card that’s ok. There is a difference between preconceived intention and an intention that is formed after you enter USA.
In case if she decides to renew the visitor visa the same procedure is applied like the first time although there might be some relaxation in interview requirements. Best thing to do is to check on their website.
Question 2:
How will I know if my H-1B petition has been accepted in the quota?
You will get a receipt.
Question 3:
As my husbands H-1 expires we are moving back to India around August/September. I am exploring options to quit my job and I am also on H-1. I am looking for a smooth economical transition. I also have a tourist that is valid and can I take advantage of this.
Tourist visa will probably not help you. You have to step outside USA and get back in and it is entirely possible that CBP may not let you back in a tourist visa when you have been here so long on a H-1. As far as the economics are concerned you have to check what the Form I-539.
USCIS has resumed processing of all Form I-129 H-2B petitions for temporary non-agricultural workers. On March 22, 2013, USCIS temporarily suspended adjudication of most Form I-129, Petition for Nonimmigrant Worker, H-2B petitions while the government considered appropriate action in response to the Court order in Comite de Apoyo a los Trabajadores Agricolas et al v.
The period of time when an F-1 student’s status and work authorization expire through the start date of their approved H-1B employment period is known as the "Cap-Gap".
I sought Mr. Khanna's advice and he took all the time to listen to me and povided the required guidance. He did this even when i am not a client. I deeply appreciate his help and advice.
I had a brief phone consultation with Mr. Khanna. I found him to be very down-to-earth and personable. He had carefully reviewed the issue before the phone call and his advice was to-the-point. I will gladly recommend friends and family to seek his advice on immigration matters.
Since March 4, 2013, U.S. Citizenship and Immigration Services (USCIS) has been accepting applications for Provisional Unlawful Presence Waivers (Form I-601A). USCIS, however, rejected many of these applications because customers did not provide proof that the required Immigrant Visa Application Fee was paid to the U.S. Department of State (DOS).
REMINDER: USCIS cannot accept a Form I-601A unless it includes evidence that the applicant paid the Immigrant Visa Application Fee to DOS.
Please make sure you:
U.S. Customs and Border Protection announced that the automation of Form I-94 Arrival/Departure Record is now effective which will streamline the admissions process for individuals lawfully visiting the United States. Form I-94 provides international visitors evidence they have been lawfully admitted to the U.S. which is necessary to verify alien registration, immigration status, and employment authorization.
I had an introductory call with Mr Khanna regarding an H1 visa and the supporting process. Mr Khanna was extremely knowledgeable and gave me some great guidance regarding the requirements and timing. I look forward to working with him and his team in the future.
U.S. Customs and Border Protection (CBP) started implementing the automated version of Form I-94, Arrival/Departure Record, at air and sea ports of entry and will by week’s end include Charlotte Douglas International Airport in North Carolina, Orlando International Airport in Florida, McCarran International Airport in Las Vegas, Chicago O’Hare International Airport, Miami International Airport and George Bush Intercontinental Airport in Houston. Implementation will continue across the nation through May 21, to include air and sea ports of entry that support international arrivals.
Question 1:
The husband has a company. Wife and husband are both U.S. citizens, and they want to get her brother over to the United States on some kind of a work related visa. Assuming the husband’s company is small and the brother is professionally qualified can they get him through the husband’s company.
Answer will depend on qualifications of the brother, and what sort of a company that her spouse has. For example: Is the company large or small? How many employees? How long has the company been in business? What kind of work do they do? Does the company have any branches outside of the U.S.?
Answer: If the company's business and the brother’s qualifications are both professionally oriented we could seriously think about an H-1 Visa. If there is a branch outside the U.S., then we could get the brother employed outside the U.S. and think about an L-1 Visa in a year. Also under the new laws, as they are being considered, we should be able to have more options than what I have just discussed. So I am right now I am examining the matter only under the current scheme of laws, and H-1 and L-1 are two obvious options. Of course I am assuming that everybody here is an India born citizen of India because if you are citizen of another country you might have other options like E visa, etc. So bearing this in mind, there are some assumptions I am making and I am also clarifying that I am looking at the current schemes of the laws. Future schemes of the laws might be different and might be much more beneficial for us.
Question 2:
What is the chance of an L-1A Visa holder with nine years of experience qualifying for EB1 category. Can I apply for a Green Card for myself in the EB1 category?
There are three kinds of EB-1's. Let’s start with the EB1 category that is the easiest to understand.
1. Outstanding researchers or professors - given the designation of EB-1-2 or EB-1B.
Under EB-1, the second category is outstanding researchers or professors. Basically we are looking for people who are highly qualified in their own field and there are certain criteria. Look at our website for more information.
http://www.immigration.com/greencard/employment-based-green-cards/emplo…
So one category is for outstanding researchers or professors, for which you need a research or professorial position.
Then there is another category EB-1C or EB-1-3 category for international executives and/or managers. People who are on L-1A can pretty much qualify for EB-1C category. This is another great category.
Then there is the first category, extraordinary ability aliens. This is not for everyone. Here we are looking for sustained national or international recognition. Somebody who is hailed as a leader in their business For example, Bill Gates would qualify, but Rajiv S. Khanna would almost certainly not qualify. So we are looking for people who are nationally and internationally recognized.
So the question asked was can I do it on my own out of these three categories. The only one in which you can apply on your own is the first category EB-1A, which is extraordinary ability aliens. You are nationally or internationally recognized, and you have articles written about you and have international awards. Again there is a list of criteria and you have to meet three out of the ten listed criteria or similar. All this information is on our website as well.
http://www.immigration.com/greencard/eb1-green-card/eb-1-extraordinary-…-
In your situation the best option is to apply for EB-1C if you can get your employer to apply for you since you are already on L-1A getting a EBC green card is absolutely perfect choice and you got your Green Card within a year. EB1 is the fastest way of getting our Green Card.
USCIS is moving the existing online payment for the USCIS Immigrant Fee to its Electronic Immigration System (USCIS ELIS). Customers will soon pay the $165 USCIS Immigrant Fee using USCIS ELIS after they receive their immigrant visa package from the Department of State and before they depart for the United States. USCIS ELIS is easy to use and provides direct access to case status updates. New immigrants will also use USCIS ELIS to file future applications and petitions when they become available in the system.
DV 2013 Program: Entrants from DV 2013 (those who submitted entries during the registration period between October 4, 2011 and November 5, 2011) are requested to check the status of their entry now using their confirmation number through Entrant Status Check (ESC) on the E-DV website, if they have not already. Checking ESC promptly is important for selectees, to provide ample time for next steps in the Diversity Visa application process. ESC continues to be available to entrants through September 30, 2013.
So I just got back from my interview. I passed!! I know I know but one gets so nervous for no reason, even fully prepared. And it does not help when you see someone coming back from the interview indicating they have not passed (even if others who come out did).
Step 1
I had my Citizenship Interview today at 1450 Coleman Ave Santa Clara CA -95050
Got through the civic & english tests
But the officer gave me a N-14 and N-652 Naturalization/Interview Results forms
Hi to all! I want to tell you my experince. My interview was on 2/2/2006 in Plaza,NY. I was called after 5 hours, but interview lasted for 15 minutes only.. Immigration lady spoke with a heavy accesent, like russian or slovakian and so fast!!? I can hardly understand her! Anyway, I passed the Interview, but to my surprise she asked for more documents, like phone bills,morgage, lights bill, joint account, health insurance since 2002! I was lucky to have most of papers like health insurance, joint account, but who has morgage, phone, light bills since 2002?
U. S. Citizenship and Immigration Services (USCIS) released the new Form I-9 for immediate use by all employers! Some of the new features include:
We represented a physician working for a veteran’s facility within a medically underserved area. The NIW was approved. Before completing her waiver time, she needed to move from the approved location to another location AND switch from a MUA to the Veterans Administration.
Redline version of the Senate “Gang of Eight” Sponsors’ Amendment to S.744, released 5/1/13, to be introduced for markup in Senate Judiciary Committee.
Please check the attachment.
[Federal Register Volume 78, Number 85 (Thursday, May 2, 2013)]
[Proposed Rules]
[Pages 25669-25677]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-10400]
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DEPARTMENT OF STATE
22 CFR Part 62
[Public Notice 8308]
RIN 1400-AC60
Exchange Visitor Program--Teachers
AGENCY: Department of State.
ACTION: Proposed rule with request for comment.
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After getting married to a green card holder & applying for a spouse visa is it possible to apply for H-1 visa?
Yes you can apply for H-1 even if you get married to a U.S. immigrant or U.S. citizen.
I am currently on H-1B visa. Is there a way I can change the visa to F-2 without going back to India? My fiancé is here on F-1 visa and this visa is valid till Sep 2014.
You must be married to the F-1 holder in order to be eligible for F-2 status. Fiances do not qualify for derivative status.
I recently contacted Rajiv's office for help with the AC21 portability process. I found everyone in the Law Offices of Rajiv S. Khanna very supportive,proactive and attentive even to small details. Their expertise helped me understand the nuances of the process, and helped clear up a number of confusing aspects. I would like to thank Rajiv and his team for doing such a good job and would strongly recommend their services.
I recently got my H1B approved. I find everyone in the Law Offices of Rajiv S. Khanna very supportive and attentive to each detail. I would like to thank Rajiv and his team for such a good job and would strongly recommend their services to anyone. Best Wishes!