USCIS Forms Update Notice
USCIS recently updated the following USCIS form(s):
USCIS recently updated the following USCIS form(s):
Release Date
Eligible Hong Kong Residents May Apply for EADs and Travel Authorization
Release Date
U.S. Citizenship and Immigration Services is issuing updated and comprehensive guidance in the USCIS Policy Manual on adjudicating applications for T nonimmigrant status (or T visas) submitted by victims of human trafficking, including clarifying how applicants establish eligibility.
As part of the credit card payment pilot program, the Vermont Service Center is now accepting credit card payments using Form G-1450, Authorization for Credit Card Transactions, for petitioners filing Form I-129, Petition for a Nonimmigrant Worker, for O and P nonimmigrants.
My parents have been here on visitor's visas since the beginning of August. If they are here for the entire six months, can they come back again within six months of leaving the U.S.?
The CBP (Customs and Border Protection) may find this pattern an unacceptable use of the visitor's visa. Generalizing for the sake of making a point, if in any twelve months your parents have spent more than six months in the United States, the CBP can hold that it appears your parents are living in the United States and visiting their home country instead of the other way around. More...
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.
Q: 1.Can I run my second W2 on my own company? Keeping my primary W2 with the same employer who filed the GC?
2.If I start a business on GC-EAD, if they call for a GC interview what type of question do they ask related to business?
3.If I-485 is denied, can we come back to H-1B again and do we have to refile I-485 again?
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.
Was just wondering if there could be any issues with my prospective PERM application if I am living and working remotely in Minneapolis (consistent with my H-1Blocation) and my employer in Dallas files the PERM application using Dallas as the work location. I am open to eventually relocating to Dallas, so just wondering if this could cause any delays or RFEs for the PERM. Do you think it would be a better option to file an H-1B amendment with Dallas as the work location, and then go through with the PERM or it doesn't matter?
It is not a problem as long as these two scenarios are followed. First of all you could be working in location X and the PERM is filed for location Y as long as you have the intention to join the location Y you can file even though you are currently working at location X.
The interesting thing is once the I-485 is filed and the I-140 is approved after 180 days of the I-485 you can choose to be wherever you want to be because you are allowed to port your green card. The only requirement is when you start the PERM. File the I-140 and the I- 485. Your intention throughout was to work at location Y but after 180 days if the intention changes it is absolutely no problem.
The second scenario which is very common is when you have consulting jobs and you could be moving from a month to a year with no predictability where you are going to be, it is normally recommended and legally allowed to file the PERM application as though your job is located in the corporate headquarters or principal place of business. More...
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.
Q: 1. If the Priority date is current in EB-3 then my I-140 and I-485 can be filed EB3 (Lower it) but you said that after EB-3 will come then I should file I-140 in EB-2. Not sure about the whole concept, if possible can you elaborate in more detail?
2. Can I-140 be filed in EB-2 and EB-3 together? Or I-140 can be filed in EB-3 first once it gets approval in EB-3 and then need to file in EB-2 or vice versa.
3. My company attorney told me that once I downgrade to EB3 then I can't upgrade to EB2.
A: 1. You can always downgrade if you start your case in a higher category, but if you file your case in the lower category it's not possible to upgrade without refiling.
2. The answer is yes, although I like to do it separately for several reasons, most of all to avoid confusion, but now the government is well aware of these downgrades and I think you could file both of them together as two separate filings.
3. They must be saying something different as that is not true. If your PERM was filed as an EB-2 and I-140 was approved as an EB-3 you can always go back to EB-2 by filing another I-140 under EB-2. More...
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.
My 140 got approved in 9 days ,great work from Rita and attorneys at Law offices of Rajiv .
The long wait still continues to file 485 .
I wish each and every one a very happy new year 2007 .
My previous employer didn't file for my wife H4 when they filed for my H1B, which made her out of status from Sep 2002. I got to know that Rajiv's office did help the clients with H4 issues. That is when I decided to try with them. We filed for my H1B (7th yr extension) and my wife H4 at the same time in Oct 05. We requested to give the status from Sep 02 - Jan 07. USCIS approved both H1B and H4. But they gave her status from Jan 06 - Jan 07, which means she was still out of status from Sep 02 - Jan 06. Then we decided to file for MTR and we filed MTR in Nov 05. USCIS responded to MTR in Sep 06 with RFE. We sent response to RFE and they gave status from Sep 02 - Jan 06, which means my wife got full status.
All this couldn't have happened with out strategic thought process Rajiv/Jitesh and their team has put together. We are extremely happy about how our case has been handled from day one we chose to hire Rajiv's law firm. My special thanks to Rajiv/Jitesh/Ursula/Anna and their team for answering all my questions at different stages of this. In future if I need any immigration help I would definitely go for Rajiv firm. If anybody has any help needed about immigration I would highly recommend Rajiv firm.
I want to thank you everyone with Rajiv Khanna. They are awesome people to work with. Timely response and great work.
My PERM application got certified in 3 days after application.
I specially want to thanks pramita and Anna for their kind support.
Rgds,
Jignesh
I got my 485 approved after filing WOM. Rajiv Khanna's office was very helpful, and their guidance in the whole case was always truthful and honest. Rajiv and Jitesh advised me in this case and filed WOM in DC Circuit Court.All filings related to this case were done on time, the arguments in the case were solid, and name check was cleared within a month of filing WOM.
We applied in late September; and my case for permanent resident status was approved last week. Mathew Chacko and Heather Crumb took care of all the paperwork and the process and were both extremely helpful, prompt and did a wonderful job. Couldnt have asked for a better service!
I have worked with numerous immigration lawyers in the past and no body (and I mean no body) gave the quick turn around time that I received from these guys. (Specifically Seema & Amrita). I was on my 7th year of H1-B so it was very important to get my application out on time. Seema and Amrita were very helpfull and their turn around time was amazing. They knew exactly what they needed to get done.
Whenever I had any query regarding my case, I was getting a lightening reply from Amrita. Thanks to the great work by Amrita. Amrita was always eager to help and is very pleasant Thanks a lot Amrita.
Thanks to Mr Khanna, Mathew & Kumuda for all the work on my case , it was handled very professionaly & and response time from them was very fast on every matter.
I got my 485 approved and our GC on the way. Rajiv Khanna's office was very helpful, and their guidance was always truthful and result oriented. On behalf of my wife and daughter, I am expressing my gratitude to Rajiv Khanna's team and specially all who works on my case like Mr Khanna, Mathew, Kumuda, Vani, Aruna, Heather, Subha, Raksha, Govinda. Thank you all. I must say when come to “Apply for Immigration” difference is “Immigration.com”.
We won a case for a Ph.D. in Accounting under the Outstanding Researcher and Professor Category. This individual had over nine years of teaching and research experience. He held a position as an Assistant Professor at a prestigious academic institution. He was noted for innovative and pioneering work in his field as well as significant contributions to accounting principles. This applicant was awarded for outstanding teaching each year from his students and fellow professors.
This applicant provided a 5-year contract for services in a medically underserved area, a copy of his J-1 residency requirement waiver, letters from the Health and Human Services office in his area requesting his services, documentation to reflect the statistics of the health professional shortage in his employment area as well as copies of his license to practice medicine.
We won a case following a Request for Evidence for a scientist considered extraordinary in his field. This Ph.D. was an internationally renowned scientist who is acclaimed and respected in the international research community for his expertise in the area of corneal innate immunity and microbial keratitis. His unique specialty set him apart from others in the field. He was invited to review for a high impact scientific journal. He also had an extensive publication list as well as presentations world-wide for his innovative and pioneering work.
We won a case for a physician who provided a contract for services for 5 years in a medically underserved area. This applicant also submitted copies of his degree, medical license, medical degree equivalency evaluation, USMLE Step 1, 2 and 3, status paperwork, letter from potential employer stating need, documentation of statistical data on medically underserved area and a letter from Bureau of Health Care Services.
We won a case for an Alien of Extraordinary Ability who qualified in numerous components of the category. We argued her contributions were significant as clearly documented by the multitude of reference letters supplied by leading experts in her field. She also had an extensive publication list as well as invitations to present this extraordinary work. Her research has had a significant impact in the field, and consequently the citation record of her work is far greater than most scientists with her years of educational and work experience.
We won a case for an Outstanding Researcher and Professor who was known world-wide for his expertise in hotel management. This applicant had over 19 combined years of industry and teaching experience. He was well-known as a remarkable professor. He served on many thesis committees and acted as a judge in numerous forums. This applicant had an extensive publication record and as a result was highly sought after to speak around the world regarding his contemporary research. He published book chapters and also obtained patents for portions of his research.
We are very thankful for Rajiv Khanna and team for handling my tough H1B renewal case. This was my 4th Extension that was denied before we approached Mr. Khanna to take over the case. Ms. Kalpana Panuganti was very thorough with case details and responded to any of our queries promptly. We were updated on our case in a very transparent manner and Kalpana always responded to emails/calls immediately while working on RFE response. Their insight and attention to detail in regards to our case was commendable. We would highly recommend Law Office of Rajiv S. Khanna PC for any immigration related matter.