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)
Immigration.com
Nonimmigrant Visas
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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
Green Card
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.
AAO Processing Times (January - March 2021)
The AAO reports its processing times by form type, displaying the total number of completions for the quarter and the percentage completed within 180 days, which is our goal.
The administrative appeals process has two stages: initial field review and AAO appellate review.
Immigration Law
Guestbook Entry for Anil Hari , United States
Name
Anil Hari
Country
United States
Comment
I got my labor, 140 and GC in less than 2 yrs. I really appreciate the timely help provided by Richa, Prerna and Mathew. And also like to thank all the legals who helped me at Rajiv Khannas firm. Thanks for keeping me updated on the status and answering my questions. I use to get response to all my question almost immediately. I highly recommend Mr.Khanna's office and staff for all immigration purposes. My special thanks to Mr. Mathew Chako and Prerna for all the help.
Thanks
Guestbook Entry for Priya Venkatesan , United States
Name
Priya Venkatesan
Country
United States
State
NJ
Comment
I have been using the services of Law offices of Rajiv S.Khanna for my labor certification. The whole process was very smooth and thanks to the excellent coordination by Pramita Shidhore. Everyone was so prompt in answering my questions. I would strongly recommend the services of this firm, great job!
Guestbook Entry for Ravi Surayapalem , United States
Name
Ravi Surayapalem
Country
United States
State
Oregon
Comment
I was working with Mathew all along from labor to finish the green card process. They are very professional and very very helpful. I recommend to every body confidently to go to Rajiv S Khanna office for any immigration needs. I personally like Mathew the way he dealt and helped me answering every small concern.
They are awesome.
Guestbook Entry for Sudheer T, United States
Name
Sudheer T
Country
United States
State
KS
Comment
It‘s a great news to receive my green card finally on 06/29 after long waiting.
It took around 4+ years (LPD: 09/2002, EB3, I-485 08/2003).
I really appreciate every body’s time, help and patience from the Law offices of Mr. Rajiv Khanna.
My special thanks to Mr. Mathew Chako and Mr. Jitesh Malik who have been very helpful through out.
It’s my pleasure to work with such a great legal team and I truly recommend this firm to every body for their Immigration needs.
Looking forward to work with you.
Guestbook Entry for Shravankumar Rai , United States
Name
Shravankumar Rai
Country
United States
Comment
This is great . I got my Labor certified within 6-7 working days. I would like to Thank Pramita Shidhore who was handling my case , for doing an excellent work and to keep me updated on the status. I use to get response to all my question almost immediately. I was confident when I decided to go through Rajiv Khanna for my GC process that every thing will flow smoothly and this confirms it. I highly recommend Mr.Khanna's office and staff for all immigration purposes.
The very next day , when my Labor was certified , I got call from Tarun Sharma whose Handling my I140 case, giving me all the details about I140 process and answering all my questions . This is really great , no waste of time and every things move very fast.
Guestbook Entry for Gyanesh Mathur, United States
Name
Gyanesh Mathur
Country
United States
State
California
Comment
We got our GC approved on June 5th, 2007 and the cards were received within a week. The journey was long with several roadblocks. The expertise of Mathew Chacko did the trick. His commitment to excellence and above par communication always made me feel at ease. I knew a professional is handling the case. The fee was so reasonable. Our earlier attorneys were more interested in prepayments than service. Mathew's knowledge and expertise on immigration matters is remarkable. I would strongly recommend the services of this firm.
Guestbook Entry for Hari & Anju Nayar, United States
Name
Hari & Anju Nayar
Country
United States
State
NY
Comment
I had my first H1 petition and subsequent H1 renewal processed through the Law offices of Rajiv Khanna. I strongly recommend these folks for any immigration related issues as they go about the business in a very professional and sincere way. My case manager for H1 renewal was Mr. Chris Harman and I very much appreciate his quick responses and clarity in responses to multiple questions that I had posed. We are very thankful for all the help and have no doubt will come to your office for any immigration related matters. Please keep up the good work and the excellent website. Best regards.
Section 245(k) Protection During AOS/I-485
Question details
1. For the Yes/No questions on I-485 form, I have answered all "No" at the time of filing as I was not even aware of this situation. I have no intentions of mis-stating the fact during interview and would like to mention it. But my question is would this be considered as un-authorized employment ? Should I say I'm not sure of this but mentioning it ?<br>
2. Also, after doing some research, looks like there is an exemption based on INA 245(k) and my case seems to be falling into this. Below is the link I was referring to. Am I correct in assuming so ?
FAQ 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.
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.