Number 24
Volume X
Washington, D.C
I am a LPR for 1 year. I married my wife 10 month ago. She came here on a J1 visa that expired 12 years ago and she is out of status. She never filed anything with USCIS except the I-130 9 month ago. The new policy implemented on Aug 9, 2018 for the F,J,M students and accrual of unlawful presence says that she will accumulate unlawful presence starting Aug 9, 2018. If she leaves US after February 5, 2019 she will be subject to 3/10 year bar. She plans to leave shortly before that and wait for her priority date to be current in 1.5 years hopefully. Do you think she can have any problems at the consulate interview if she was out of status for 12 years, and she accumulates close to 180 days of unlawful presence?
Watch the Video on this FAQ: Impact of unlawful presence
Video Transcript:
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My son’s I-94 and visa are expired in June. We have applied for I-539 for extension in October. Will he be granted the extension.
Watch the Video on this FAQ: Unlawful presence for minors
Video Transcript
For a child under the age of 18 until they hit 18 there is no unlawful presence. They are only out of status. More...
Note: 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.
Are you seeking to adjust your status and become a U.S. permanent resident under a family-sponsored or employment-based preference immigrant visa? If you have not yet had a relative or employer file an immigrant visa petition on your behalf, please learn more about the Adjustment of Status Filing Process.
I have I-140 approved in EB2, priority date is 2010. When date become current for EB3, I want to downgrade from EB2 to EB3 (I know I have to only refile I-140 and I-485 concurrent). What will happen if USCIS denied newly filed I-140 (EB3)? can I-485 also denied? If newly filed I-140 (EB3) denied, can I used my previously approved I-140 (EB2)?
Watch the Video on this FAQ: How can I downgrade from EB2 to EB3 and the consequences
Video Transcript
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I changed my job from company A to Company B. H1,H4,H4 EAD is approved for company A. I moved to company B and my H1 change of employer is approved. While H4 is pending with company B. Can my wife travel to India and apply for H4 visa stamping in India?
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I would like to know whether I should update my residential address to USCIS or immigration department in order to keep them informed of my updated address?? Since I'm the beneficiary and my wife is GC holder, she has applied for my I-130 of family based Green card when I was in New York and now I've moved to South Carolina, are we suppose to inform immigration department? If Yes who should inform them, can I give a permanent Mailing address different from my residential address since I may be working on short-term contracts.
Watch the Video on this FAQ: Filing change of address
Video Transcript
Note: 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.
On Nov. 15, the Public Engagement Division (PED) held a stakeholder teleconference to discuss the USCIS Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens policy memorandum (PM) that was issued on June 28. USCIS representatives provided an overview of the memorandum, shared an update on the continued implementation of the PM, and addressed many questions submitted in advance.
I am from India, and I am currently doing my masters in the U.S. My goal is to build my startup as I m doing my masters. Therefore, before coming to the U.S, I have incorporated a C Corp in Delaware with me and my brother as the owners. I don't want to violate my F1 status, therefore, even though I have incorporated the C Corp, We are not actively doing any work since I am not sure working on my startup in University will violate my status. I have tried getting in touch with International student services but I have not gotten a clear response on how I can run my startup as an international student while being on F1.
Watch the Video on this FAQ: Starting business while on student visa
Video Transcript
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I would like to know is it ok to not be on a job for few months when a person is on AC21 and working on EAD (485 filed) status. Does it raise any issues down the line like getting green card or USC.
Watch the Video on this FAQ: Being without a job on AC21
Video Transcript:
Having a gap in your employment while you are still qualifying for AC21 is not a problem. More...
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Discussion Topics, Thursday, 29 November 2018:
FAQ: Effect of L-1A denial on approved EB-1C I-140 || Transfer of priority date on an I-140 -- process || Period of maximum stay allowed for tourist visa entrants || Continuing employment-based green card while moving outside the USA || Starting business on I-485 EAD|| Status expiring during the pendency of an H-1B extension || EB-2 approved applying for EB-3 || I-94 expired -- Unlawful Presence
Other: Travel during H-4 EAD || I-140 denial effect on concurrently filed I-485 || EB2 with a three-year bachelor’s degree || Green card for child born in Canada || H-1 transfer || 3 year H-1B extension || Four year delay in naturalization || Errors in H-1B approval || Fiance visa || Revocation of green card because of the company merger
USCIS has published a policy memorandum (PDF, 121 KB) (PM) clarifying the requirement that a qualifying organization employ a principal L-1 beneficiary abroad for one continuous year out of the three years before the time of petition filing (“one-year
I have been with Rajiv's team for the last 3 years and successfully obtained green card for me and my wife. I must say that I have never seen a more efficient, accessible, effective and excellent firm anywhere else.
I have to say thanks to Rajiv, Mathew, Suman, Subha and Hellen for the excellent work that they do.
I would very strongly recommend their firm for any immigration related matter. They are not just knowledgeable but do so much good to people by their great website and their forums.
Thanks for everything.
Abbas
If anyone's interested: I had an appointment today for H1B visa revalidation. Overall it was a smooth experience. I was asked for my paystubs though.
Degree etc was not asked for. Total interview time was 2 minutes. The only question I was asked was whether I am working for the same company for which I had received an H1 visa previously. In my case that holds true. I also had an F1 visa previously. US Degree.
If anyone's interested: I had an appointment today for H1B visa revalidation. Overall it was a smooth experience. I was asked for my paystubs though.
I am on H-1B and my spouse is on H-4 EAD. She got her EAD last year. She would like to do online business where she will sell items online on eCommerce website like ebay, amazon, etsy. These items will be shipped from India. I would like to know if she can do such online business where the items are going to be shipped from India.
Of course on H-4 EAD, she can do anything she likes, she can do online business, sell items on ebay amazon no problem at all. These items shipped from India is perfectly fine.
Note: 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.
1. | Legal Fees (for our Office)
1,800 - $2,400 depending on type of case, due at the commencement of the case |
2. |
Filing Fees to the USCIS (Single Applicant): Form N-400, See USCIS Fee Calculator |
3. | Federal Express Expenses: approximately $75 - $100 |
1. |
Legal Fees (for our Office)$6,800 ($3,200 for preparing the Labor Certification Application at the commencement of the case followed by $2,400 for preparing Form I-140, Immigrant Petition for Alien Worker; and $1,200 for preparing Form I-485, Application to Adjust Status/Consular Processing. |
The fee schedule for Green Card through Extraordinary Ability Alien, Outstanding Researcher/Professor, and Multinational Manager (fees are payable by personal checks) is as follows:
1. | Legal Fees (for our Office):
$6,800 for EB-1 ($5,600 at the commencement of the case and |
Note: For governmental Requests For Evidence (RFEs), we charge extra based upon the complexity of the issue(s).
1. | Legal Fees (for our Office):
$15,000 payable as follows for preparing I-526 Immigrant Petition: $10,000 at the commencement and the second installment of $5000 on the 1st day of the following month. |
1. | Legal Fees (for our Office):
$5,800 ($4,600 at the commencement of the case and |
2. |
Filing Fees (to the USCIS): Single Applicant |
1. | Legal Fees (for our Office):
$5,800 ($4,600 at the commencement of the case and |
2. |
Filing Fees (to the USCIS): Single Applicant |
The fee schedule for EB-3 (Schedule A) NURSES (fees are payable by personal or corporate checks) is as follows:
1. | Legal Fees (for our Office):
$5,800 ($4,600 at the commencement of the case and |
2. |
Filing Fees (to the USCIS): Single Applicant |
I am writing this in testimony of the very professional service that Rajiv Khanna's firm has provided to us for successfully petitioning for our L1A and L2 visas.
I am very happy to particularly mention and thank Savita Krishnamurthy who has been our counsel and point person. Savita has supported us with excellent professional advice on all aspects of our petition. At the same time, she has been very prompt in her responses to all our queries (and those were more than a few!! . Overall she has helped to make it a smooth and painless experience for us to get the approvals.
I strongly recommend Rajiv's firm for anybody looking for prompt effective professional service for their immigration requirements.