USCIS Forms Update Notice
USCIS recently updated the following forms:
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Community Conference Call, April 29, 2021. Presented by: Rajiv S. Khanna (Every Other Thursday)
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Discussion Topics, Thursday, April 29, 2021:
Travel from India to USA Banned
6 May 2021
As of today, there are no updates from the government beyond what was on the US Consulate website
On 30 April 2021, President Biden placed a restriction on travel to the US.
Curricular Practical Training CPT
H-1B and CPT
Change of Status
The term Change of Status (COS) is the name given to the process through which a person can change from one temporary status (nonimmigrant) to another temporary status without having to leave the United States. Typical examples of this process are changing from a student visa status to H-1B. Usually, a successful COS is evidenced by the USCIS issuing you a new I-94.
Changing status from a temporary visa to a green card within the United States is also a change of status, but it is technically referred to as Adjustment of Status (AOS).
Visa Services Update
Visa Services Operating Status Update from DOS
Last Updated: April 6, 2021
F-1 Students Seeking Optional Practical Training Can Now File Form I-765 Online
Release Date
WASHINGTON—U.S. Citizenship and Immigration Services today announced that F-1 students seeking optional practical training (OPT) can now file Form I-765, Application for Employment Authorization, online if they are filing under one of these categories:
After I get my green card, is it legal to work for two companies (and not the original company) simultaneously?
Question details
I got my GC on March of 2016 through my then employer. Soon after getting my GC my project ended (May 2016) abruptly because of the change at client location. I did not had any project at hand so I started looking for a new job and started to work with new employer in June of 2016. There was no official end date of my employment with my previous employer through which I got my GC because they were looking for a new project for me but without any certainty how long it could be before they can find me a new project. While they were looking for a project for me, I already started working for my new employer so I just moved on without any official end date with my previous employer.
In Feb of 2019, I started a second job with another employer. Currently, I'm working 2 jobs full time on GC.
I am now eligible to file for citizenship through 5 years of permanent residency requirement. I'm worried if there will be any issues while I file for my citizenship because I did not stay with the employer that file my GC long enough after receiving my GC. Also will there be any issues because I am currently working 2 full time jobs when I file for citizenship?
FAQ Transcript
I think it is fine, I personally don't see this as a problem and you will be able to file for citizenship. However, I would still want you to consult with a lawyer discuss your particular case understand the pros and cons.
Note: Where transcribed from audio/video, 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.
AC21 Job Portability
Question details
Previously I was on H1B when my I-140 was approved. Currently I am on H4 status, not employed and my priority date became current.
Previous employer has provided Supplement J and I have filed I-485, I-765, I-131 concurrently. The Supplement J indicates (#9 in Part 6) I am not currently employed with the sponsoring employer.
Q1) Upon receiving AOS EAD, can I directly join a new employer after 180 days of pending I-485 if sponsoring employer doesn't have any open position?
Q2) Can I start searching for new job before 180 days of pending I-485, but join after 180 days? Or, I must have to start searching and interviewing for new job, only after 180 days?
Q3) At the time of filing AOS, my Supplement J indicated that I am not currently employed with the sponsoring employer. If I join the sponsoring employer upon receiving EAD, then do I have to send USCIS new Supplement J indicating that I am now employed with the sponsoring employer, knowing that it might take a decade for my Final Action Date to become current and I may not be employed with the sponsoring employer at the time of GC interview?
Q4) What if I need to change my employer after GC interview, but before receiving GC?
Q5) I heard, after 180 days of pending I-485, even if I change my job couple of times, I can take the Supplement J only from the employer with whom I will be working at the time of GC interview. But can I still send new Supplement J to USCIS from each employers everytime I change my job? Is that legally allowed? or, is there any concern? Because, it might take a decade for my Final Action Date to become current and within that timeframe I might have to change job 2-3 times.
FAQ Transcript
1. In my opinion you can.
2. Absolutely.
3. I think you should file a Supplement J. It gives you added protection.
4. As of now there is nothing definite about changing jobs after the interview but before the green card approval. I would suspect if the job is same or similar keep some record of it otherwise you can do it. But have your lawyers follow up the procedures that exist when you actually do this.
5. Absolutely.
Note: Where transcribed from audio/video, 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.
Guestbook Entry for Sanhe Hu, United States
Name
Sanhe Hu
Country
United States
State
VA
Apri, 15, 2021 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)
Immigration.com
Nonimmigrant Visas
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FAQS: H-1B revoked after 1 October, never used. Am I quota exempt? Travel while I-485 AOS is pending: returning on H-1B visa, AP, AVR etc.
USCIS Forms Update Notice
USCIS recently updated the following USCIS form(s):
Visa Bulletin For May 2021
Number 53
Volume X
Washington, D.C
A. STATUTORY NUMBERS
This bulletin summarizes the availability of immigrant numbers during May 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.
Agency
Green Card
Immigration Law
Medicals for I-485
As I had said in our last community conference call, our office inquired. A USCIS officer advised not to submit medicals without an RFE. He said wait for the RFE or bring them to the interview.
USCIS Issues Policy Guidance on Deference to Previous Decisions
Release Date
USCIS is issuing policy guidance in the USCIS Policy Manual instructing officers to give deference to prior determinations when adjudicating extension requests involving the same parties and facts unless there was a material error, material change, or new material facts.
Guestbook Entry for Ozgur Ozkan, United States
Name
Ozgur Ozkan
Country
United States
State
VA
Comment
I just got my GC approved through the Offices of Rajiv S. Khanna. Over the last four years I had a very good experience with all the professionals who handled my case at your offices. After so many years waiting at the labor certification stage (PBEC story), they helped me to put together the I-140/485 application, with timely and to-the-point responses to my questions along the way, is a short time. As a result, my application got approved within a couple of months way before my expected timeline. Many thanks to Richa, Amrita (LC stage) and Mathew, Rita (I-140/485) for a job well done. Keep up the good work.
Guestbook Entry for Emad Girgis, United States
Name
Emad Girgis
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United States
State
Texas
Comment
For the second time in a row, Mr. Rajiv's office impresses me. This time they got my I140 approved in 7 days, Yes 7 days. This time Suman and Tarun have done superb job as Amrita and Seema done in my PERM. These people are very meticulous. They review the file multiple times. Finally, I repeat my pledge to you, if you got problems with your lawyer or if you are out to choose a law firm, Go with Rajiv's office. Every Penny you spend here is well spent. Thanks all Emad
Guestbook Entry for Ramesh, United States
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Ramesh
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United States
Comment
Thanks to the firm and Mr.Jitesh who did excellent work in replying to the RFE for I-140.
Guestbook Entry for Ramesh , United States
Name
Ramesh
Country
United States
State
Texas
Comment
This law firm did good job in replying to RFE that I got while processing I-140.Timely tip off and good documentation work.
Thanks for the help
Guestbook Entry for Stephanus Trisnadi, United States
Name
Stephanus Trisnadi
Country
United States
State
CA
Comment
Mr. Rajiv Khanna gave the best advice for me. Thank you Mr. Khanna.
Guestbook Entry for Liao , United States
Name
Liao
Country
United States
State
NY
Comment
I'd like to use this opportunity to thank both Mathew and Tarun for their great job in preparing my I-485 case. Especially Tarun, who helped me a lot during the process. I understand that most of your clients put their comments after their cases got approved. But I'm so impressed by him, I'd like to thank him before we even file the case!! Tarun is very prompt in response, very helpful and very patient. I'm very happy that your office hired such a wonderful person. -- Best regards
Guestbook Entry for Bingling Wang , United States
Name
Bingling Wang
Country
United States
State
Maryland
Comment
Thanks to Jitesh, my law suit against USCIS was successful and my GC application is finally approved. I am very happy with his service.
Guestbook Entry for Naveed Ashraf , United States
Name
Naveed Ashraf
Country
United States
State
NJ
Comment
I would like to spare some time to recognize the team efforts from Law offices of Rajiv S Khanna while dealing with my case.
I got my all the approvals for different documents in very decent time frame which reflected the professional excellence of all the people working as team.
Thank you to Mathew,Richa,Aruna and Kumuda for your coordination and support.
AAO Processing Times
AAO Processing Times as of November 01, 2010.
Positive: Professionalism. The lawyer assigned to my case is Vijay. He is a very responsible man and detailed oriented. It took us long time to prepare document which are required or not required but very supportive document for the case. We got approved for every single step with one shot. And finally got my green card. Thank you Vijay and Rajivs.