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Interim EAD experience at New York, NY

18 years ago By Chief Editor

I applied for post-grad OPT on Feb 14, my card was approved on May 26. I never received my card and I decided to go ahead and go to get interim EAD. Handed in my infopass appointment sheet at the door of 26 Federal Plaza and was directed to the 3rd floor. At 3rd floor, an officer scanned my sheet and my I797 Notice to make sure its more than 90 days since I first applied for EAD. Then he gave me an N number and directed me to the 9 floor. At the 9 floor, my number was called. Unforunately, I need a proof of residence in new york.

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DHS Announces Re-designation and 18-Month Extension of Designation of Somalia for Temporary Protected Status

9 years ago By Editor

Secretary of Homeland Security Janet Napolitano has re-designated Somalia for Temporary Protected Status (TPS) and has extended the existing TPS designation for Somalia from Sept. 18, 2012 through March 17, 2014, allowing eligible nationals of Somalia to register or re-register for TPS in accordance with the Federal Registernotice.

Guestbook Entry for Rajakumar Sampathkumar, United States

9 years ago By Anonymous (not verified)
Name
Rajakumar Sampathkumar
Country
United States
State
New Jersey
Comment

Seamless working thru the process from my original visa extension and then filing my status change GC. I was on L1-A and status change to GC. Very professional office and timely responses.
I had a chance to work with Rajiv and Diane. You won't complain working with them because of their timely response and professional approach.
Overall a very good experience working with them.

Thanks.

Can I travel while my H-4 EAD is pending?

9 years ago By Chief Editor
Question details

First of all thank you for all your blogs and videos on immigration. They are very informative and knowledgeable. I follow your views and suggestions on all my immigration work. I also recommend your suggestions to lot of my friends and colleagues. I appreciate your help towards the community.<br>
I have a situation:<br>
I am in my 3rd year of my H-1B status, my I-140 is approved and need to file for my spouse H-4EAD on May 26, but she needs to travel to India for family reasons in August this year.<br>
Questions:<br>
1) Will that be a Ok for her to travel to India while her H-4 EAD petition is pending?<br>
2) How long will the petition will take to come to a decision (~estimate)?<br>
3) What happens if her H-4 EAD petition gets approved and she is in India? Does she have to go to the US Embassy again?<br>
4) (Being positive but need to think the other sides of a same coin) what happens if her H-4 EAD petition gets denied? Will she be able to retain her H-4 status? Will she able to enter US without any issues?<br>
5) What would you suggest? Will that be ok for her to visit (or) to wait till the decision is made on her H-4 EAD petition?

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://youtu.be/8N82R3qAiJo?t=123

FAQ Transcript:

Filing I-765 while the I-539 is pending

9 years ago By Chief Editor
Question details

I have a question about the H4 EAD. The USCIS states, "You may file Form I-765 with Form I-539, Application to Extend/ Change Nonimmigrant Status. However, USCIS will not process Form I-765 (except filing fees), until after USCIS has adjudicated Form I-539".<br>
In our case, my spouse's employer will be filing for our extension (I-539) but are not willing to file the I-765, as it is a new process. I was wondering if I need to wait to receive the approval before filing the I-765 or if it would be fine for us to file the same once we receive an acknowledgement.

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://youtu.be/8N82R3qAiJo?t=382

FAQ Transcript:

H-4 EAD filing based upon I-140

9 years ago By Chief Editor
Question details

My husband got his I-140 approved from his previous employer. Then he changed his employer and has filed his LC which has NOT been approved yet. His previous employer has WITHDRAWN the I-140.He is in his 11th year of H-1. Couple of questions.<br>
1) Can I file for H-4 EAD?<br>
2) My husband currently has no I-140 approved. While checking my application, will they look into his application and cause any issues to his present H-1 extension?

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://youtu.be/8N82R3qAiJo?t=569

FAQ Transcript:

DHS Final Rule on ESTA and the Visa Waiver Program

9 years ago By Editor 
[Federal Register Volume 80, Number 109 (Monday, June 8, 2015)]
[Rules and Regulations]
[Pages 32267-32294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-13919]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

USCIS and the City of New York Expand Immigrant Integration Efforts and Support for Aspiring U.S. Citizens

9 years ago By Editor

 U.S. Citizenship and Immigration Services (USCIS) and the Office of the Mayor of New York City have joined forces to strengthen citizenship education and awareness efforts in the City of New York. The new partnership began today as part of a signed letter of agreement between USCIS Director Léon Rodríguez and New York Mayor Bill de Blasio. The agreement will remain in effect until Dec. 31, 2018.

Public Charge - Immigration Consequences of Receiving Benefits/Assistance

9 years ago By Rajiv S. Khanna

In tomorrow's community conference call, one of the community members has raised the issue whether receiving certain kinds of State benefits becomes an issue for immigration.  The concern is well-founded in that receiving public (Federal or State) means tested (that depend upon the amount of income/expense) can lead to a determination that an applicant can become dependent upon government resources ("public charge").

Application for H-4 EAD

9 years ago By Chief Editor
Question details

FAQ 1. I am presently in Canada on a work permit and want to apply for H-4 EAD. My husband has a valid H-1 and an approved green card application . So we are eligible for applying. My question is that can I visit US for 2-3 days, mail my application and then leave the country? Do I need to be in the US when the USICS receives my application? Or I can immediately leave after mailing the application? <p>

FAQ 2. My spouse's PERM approved & his employer is still gathering required documents to file I-140. It is still within 180 days limit. Can I apply for H-4 EAD with my spouse approved PERM copy and other documents required ( eligible under beyond 6 years extension of H-1 & PERM pending 365 days) ? Or do I have to wait until his I-140 filed ?

Answer 1: Unless you are already on H-4, you cannot leave while the change of status request is pending. 

Answer 2: I think you will need the I-140 APPROVAL, not just receipt (or 7+ year H-1 extension). 

DHS Announces Temporary Protected Status Designation for Nepal

9 years ago By Chief Editor

WASHINGTON—Secretary of Homeland Security Jeh Johnson announced his decision to designate Nepal for Temporary Protected Status (TPS) for 18 months based on the conditions resulting from the devastating magnitude 7.8 earthquake that struck Nepal on April 25, 2015, and the subsequent aftershocks. As a result, eligible nationals of Nepal residing in the United States may apply for TPS with U.S. Citizenship and Immigration Services (USCIS).

Guestbook Entry for Suresh Jayaraman, United States

9 years ago By Anonymous (not verified)
Name
Suresh Jayaraman
Country
United States
State
NORTH CAROLINA
Comment

Heather Riddick and Rajiv handled my Green card process as well as my Wife's H4 EAD. Both Green card(So far I-140 is approved) and H4 EAD process(My wife has already received the approval) went fine and were approved. I feel their strength is proper planning and co-ordination with the client. Heather Riddick over sees all the details and verify the documents needed for the process every now and then before we file so no document is missed. Thank you Heather Riddick for all your effort. It is a great pleasure working with you. Your quick response all of my emails clarifications were one of the reasons for the success. Keep up the good work.

Rajiv on the other hand keeps team up-do-date with all current topics of immigration and that helps his entire team to stay on top of all issues. e..g is my wife's H4 EAD. USCIS had changed the I-765 form one day before filing and Heather was very proactive in downloading and filling the forms, send it out to clients to get their signatures. Even with the last minute change from USCIS she could file H4 EAD on time. Kudos for that. I would definitely recommend Rajiv and team for immigration work of any kind. Every dollar you spend as legal fee is worth.

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