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:
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.
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
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.
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?
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.
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
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.
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...
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.
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
My I-140 was approved with out any issues in 10 days. Thanks to the great work by Tarun and Mathew Chako. Tarun was always eager to help and is very pleasant.
The team work at Law Offices of Rajiv S Khanna reflects the vastly experience, committed staff, prompt responses, which can be seen only in the leaders of their business.
Special thanks to the entire team, including Rajiv, Mathew, and Rita for their work for my green card process.
GC processing service is a grueling process, but at Rajiv Khanna's office they handled very nicely and professionally even at difficult time. Though still my I-485 is not yet filed but on Labor and I-140 filing Rajiv's office shown their professionalism and my special thanks to Amrita, Mathew and Kumuda for their excellent service. I'll update more with how my I-485 filing goes in near future. So far with my experience I can give four stars. ****
From 2003 I have been working with Rajiv Khanna's office. My thanks to Rajiv,Subha,Roopa and Tarun. My questions were always answered on time. Tarun deserves a special mention.He had been quite helpful and was always very prompt in dealing with all the issues. Hopefully I will be able to write a "thank you" note soon once my Green Card comes through.
Awesome work by Mr. Khanna, Mr. Matthew & Ms. Aruna. My I 140 got approved without any issues. I want to convey my special thanks to Mr. Khanna and his team.
Many thanks to Kumuda, Rita, Hellen & Mathew Chacko. The people are very courteous and I am totally satisfied with the services they rendered. They are very prompt whether filing I140 or getting AP/EAD.
Once again thanks TEAM, Law Offices Of Rajiv S. Khanna.
Finally me and my family got the green card approval.It has been grueling task as I have waited so much, inspite of so many so many hurdles my goal is reached .I am very thankful to Rajiv Khanna in taking keen interest in my case.Mr Rajiv and his staff members ( Mathew Chacko, Suman Bhasin,Kumuda
Thanks to the firm and Ms Rita Dhakal has done such a great job. We are glad that we changed our lawyer after labor and we don't believe that got I-140 approved in a Single day.
Thanks again to Rajiv Khanna and his staff specially Ms.Rita.
Keep up the good work for future filings.
Just wanted to thank Tarun and Matthew Chacko for the wonderful job they did on my I-140 process. Everything went smoothly and everything was checked out thoroughly to ensure there were no errors on my application. Thanks to both for their great work.
I started relationship with Rajiv Khanna in 2004. I appreciate quick response and answering all my questions. In last 3 years there was never a phone call or mail unanswered.The professionalism extended by the entire team is great.My thanks to Subha,Roopa and Tarun.I want to convey my sincere thanks to TARUN he filed my I140. Tarun is very prompt in response,very helpful and very patient in answering all my questions.
Thanks for your great service.
My experience with Mr. Khanna's firm was extremely satisfying. I applied for my I-140 earlier this year and recently got an ill-considered RFE. Mr. Khanna and him team were very professional in replying to this RFE and I got my I-140 approved within a week. Their service was very courteous and highly professional. All my e-mail’s got immediate response from both Mr. Khanna and Ms. Lombardo and furthermore, the rest of their team were quiet helpful in calling me promptly and explaining the process thoroughly. In conclusion, I would definitely recommend Mr. Khanna’s firm to anyone.
We engaged the services of Rajiv Khanna Law Offices in year 2006, the team we worked with is an excellent team, very crisp in the information giving or getting back, very knowledgeable, immediate response back to the clients, and the PERM process went very smooth and success. Very good and easy attorneys to deal with. Will luv to stay and do business.