Rajiv's News Clips - The long, winding road to H-1B just got narrower
Quotes and Excerpts from Rajiv on the article:
Quotes and Excerpts from Rajiv on the article:
Discussion Topics, Thursday, 22 August, 2019
FAQ: Changing Employer after receiving Employment Based Green Card || Working on EAD after H-1B denial ||Name discrepancy issue
OTHER: H-4 EAD || EB-3|| LGBT Community Issue|| DUI
On Sept. 1, we will change the direct filing addresses for certain petitioners filing Form I-129, Petition for a Nonimmigrant Worker. The changes apply to the following cap-exempt H-1B petitions:
Today, Acting USCIS Director Ken Cuccinelli issued the following statement regarding a policy update Defining “Residence” in Statutory Provisions Related to Citizenship.
U.S. Citizenship and Immigration Services (USCIS) issues policy guidance on “residence” requirements for acquiring citizenship
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 won a case for an Outstanding Researcher who had over 23 years of research experience. She was considered one of the foremost experts in the field of medical research. She has an extensive publication record along with a multitude of presentations. This applicant was working on such illnesses as asthma, allergies and other lung ailments. Her innovative and pioneering work was recognized by the number of manuscripts accepted for publication in high impact journals.
We won a case for an Outstanding Researcher who worked for a private company. This applicant provided substantial evidence regarding the company's accomplishments and ability to pay as well as documentation of the 3 full-time researchers on staff. We were also able to provide evidence that the applicant qualified by providing his publications, patented work, membership in a prestigious professional society, extensive presentation listing as well as years of industry experience.
We won a case for an Outstanding Researcher with over seven years of research experience. This applicant received a multitude of academic awards for his outstanding work. He had an extensive publication record and authored book chapters. He was known world-wide as a leading expert in his field. Upon receipt of an RFE regarding his employment offer, additional supporting evidence was submitted confirming the permanency of his job offer. His case was approved in less than a week from Services' receipt of the response letter to RFE.
Rajiv S Khanna, Managing Attorney at law firm Immigration.com, said, “Rate of denials have gone up across the board in all legal immigration cases, especially (relating to) H-1B visas. The government has created an environment where the responses for the RFEs have increased from 30-50 pages to 600-1,000 pages for an H-1B case. It has increased its own burden of processing cases and that’s why cases are taking much longer to process than they used to.”
“A STEM-OPT employer must not assign, or otherwise delegate its training responsibilities to a non-employer third party such as the client’s employees,” explains Rajiv Khanna, Managing Attorney at Immigration.com
My husband has an I-140 approved from Company A ( Priority Date April 2008 , EB2). He is now eligible for EB1 under Employer B ( He is currently on L1 A ). Can his priority date from EB2 be ported to EB1 ?
Video Transcript
The answer is Yes. The main thing is priority dates for EB-2 and EB-1 can be ported and there is no particular format for this. This is supposed to be automatic. The government is supposed to keep a track of that. 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.