USCIS Forms Update Notice
USCIS recently updated the following form(s):
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State Department Announces that Ink Signature No Longer Required on Affidavits of Support
As part of our ongoing efforts to be responsive to customer needs in immigrant visa processing, the Department of State is pleased to announce that original or “wet ink” signatures are no longer required on submitted Forms I-864, Affidavit of Support. This also applies to the I-864A, I-864W, and I-864EZ.
Recording of Free Community Conference Call (Every Other Thursday), 1 December 2016
Immigration Law
Green Card
Substantial transcription for video
Discussion Topics, Thursday, 1 December 2016:
FAQ: New I-140 EAD regulations -- Extending H-1 after I-140 revocation, retaining priority dates under new regulations, per country limits, EAD under the new regulations; effective date of new regulations; Visa cancelled CWOP, 214(b) denial; FAQ: Implications of joining an end client where H-1B employer objects, H-1B employer not paying salary - DOL Wage and Hour Division Complaint WH-4; AC21 green card portability, "same or similar" job under old/new regulations, working on 1099 as contractor; Frequency of visits and duration of stay on tourist/visitors/B-1/B-2 visa; Foreign Medical Graduates, Physicians, H-1B for part time jobs, concurrent cap and cap exempt H-1B employment.
Other: Consular processing green card through future employer; Can one start H-1B job before the requested start date? Court orders for migration of child by divorced parent; H-2B extension, denial, 240-day rule; Volunteering on F-1 OPT; Aging out; Name errors on green card; Humanitarian parole, H-1B change of status, etc.
AAO Processing Times as of December 1, 2016
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Agency
Immigration Law
Visa Bulletin - January 2017
Agency
Green Card
USCIS Announces Citizenship Resource Center Improved for Mobile Devices
Beginning December 12, the free citizenship preparation and study materials in USCIS’ Citizenship Resource Center will be easier to use from a smartphone, tablet or other mobile device. Among the improvements, the new design puts key navigational links inside a single “hamburger” icon like that found on many other mobile sites. This redesign follows the launch of mobile friendly design on other parts of uscis.gov and uscis.gov/es earlier this year.
USCIS Announces Extension of Parole for Immediate Relatives of U.S. Citizens
To allow immediate relatives of U.S. citizens and certain “stateless” individuals to maintain legal status in the CNMI, U.S. Citizenship and Immigration Services (USCIS) has extended the parole program for these relatives, effective immediately, until December 31, 2018.
To apply for extension of this parole, you must:
What is new regulations for H-1 grace period, revocation of I-140 ?
Question details
My I 140 is approved in 2013 and H1-B 5 year and 3 months are completed.
I have important question , after 17 Jan 2016 , my any chance I loose my job and my employer revoke my H1-B and I 140.
1. Will I get some time to find new job and new employee to transfer my H1-B ?
2. after my employer revoke my H1-B what is time line I can still transfer my H1-B visa with new employer?
Government will sympathetically consider unexpected layoffs and should give you consideration up to 60 days each H-1 period. So one 60 day period let say you have taken and then changed your employer another 60 day period kind of like that and there is little more to it but each time there is new validity to H-1 . You will be able to get 60 more days.
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.
USCIS Publishes Interim Rule on T Nonimmigrant Status
The Department of Homeland Security (DHS) is amending its regulations governing the requirements and procedures for victims of human trafficking who seek T nonimmigrant status. DHS is also streamlining procedures, responding to public comments, and providing guidance on the statutory requirements for T nonimmigrants in order to ensure that the T nonimmigrant status (T visa) regulations are up to date and reflect USCIS’ adjudicative experience.
H-2B Returning Worker Program Expired
The H-2B returning worker provisions of the Consolidated Appropriations Act of 2016 (Public Law 114-113) expired on Sept.
USCIS Fee Changes Take Effect Dec. 23
USCIS reminds applicants and petitioners to pay new fees with forms postmarked or filed on or after Dec. 23, 2016, or USCIS will not be able to accept the filings. USCIS will only accept previous fees if they are postmarked Dec. 22 or earlier.
Guestbook Entry for Srinivasarao Penugonda , United States
Name
Srinivasarao Penugonda
Country
United States
State
Kansas
Guestbook Entry for Carlos caballero , United States
Name
Carlos caballero
Country
United States
State
Texas
Comment
The service and expertise I received from Rajiv and his team was way above my expectations. Right from the beginning Rajiv answered all my concerns, he made himself available at all times and troubleshoot all the legal aspects and constrains regarding my case. His knowledge of the legal system is just amazing !
Thanks to Mathew Chacko for his professional advice and support during all the phases of my GC process, he is very professional and along with Rajiv create an elite immigration team.
A honorable mention to Heather Crump who made the entire process a real delight. Her attention to detail made me so confident and relax even in hard times.She is incredibly efficient and effective , her organization skills and pleasant personality are the best i ever known.
From their financial department to their legal team they are flawless.
I strongly recommend Mr.Khanna's law office to anyone, this is by far the best experience i ever had. I could honestly say that they are the # 1 immigration firm in the United States. Thank you all for your service !
Guestbook Entry for Majin, United States
Name
Majin
Country
United States
Comment
I would like to say a great thank you to Mr. Rajiv's team--Rita, Ursula, Sushila, Pramita, Roopa, and Suman, Mathew. I-140 has approved and waiting for I-485.
Guestbook Entry for N N, United States
Name
N N
Country
United States
State
NY
Comment
I would like to take this opportunity to thank the team including Ms Baker, Mr Khanna amd Ms Waddell for their excellent and prompt efforts in helping me transfer out of a J1 waiver job. The team was excellent to work with and treated me with respect and was very professional. The approval came in within 2 weeks without any RFE's.
The chances of approval were poor due to lack of consent from the primary state, but the team achieved nothing less than a miracle. Cheers!!! and Congratulations!!!! God Bless you!.
Guestbook Entry for Sushma , United States
Name
Sushma
Country
United States
State
VA
Comment
I am very greatful and obliged to Prerna, Mathew, Rajiv and his wonderful staff from bottom of my heart for being with us through this entire procedure.
Thanks is a very very small word to show our gratitude to you.
I got my I-140 approval in 1 day and I-485 approval in 6 months with no RFE's.
I proudly say that one of the best decisions we made was to choose Mr.Rajiv's firm for our immigration matters.
At the end of the day, that we were in safe hands and it worked out absolutely well.
It only happenned because of the excellent paperwork and guidance done by Prerna and Mathew.
Mathew and Prerna has always dealt us with patience and almost immediate prompt emails answering our indefinite questions
and provided comforting words, that they will take care. It was overwhelmingly good.
Several times,I was really AMAZED at how Mathew can respond to emails and phone calls in spite of his busy schedule in this busy month July.
I thank again Prerna from bottom of my heart for being my saviour through this entire process and making the experience very friendly.
I would recommend any one going through immigration process, to choose Mr.Rajiv and his team, for they are excellent in handling the cases, as well as very prompt and caring as they take up cases very personally and work through it, to set everything right. This would help the case to not reflect back with RFE's.
May GOD bless you and your TEAM with the BEST of the WISHES so that a LOT many souls like us, can see their DREAMS come TRUE.
Rajiv ji , you and your staff are the best of the best.
Working for two companies on EAD
Question details
1. Wanted to check if on an EAD one could work for 2 companies. One sponsoring the GC (Maybe part time) and other full time.
2. Updated FAQ: I have a question in similar line. Currently I am on derivative EAD. My spouse is the main applicant and I got my EAD thru her company. She still works for the same company.
We (me and my friend) have started a company in India some time back. Now, I want to start our new office in the US. Will there be any legal implications? What kind of company I can start here.. LLC or Inc? Please advise.
1. Theoretically, you can work for as many companies as you like on EAD. My concern would be the implication that you no longer have a full time job with the sponsoring company, which is a requirement for the green card.
2. Since you are on a derivative EAD, you have even more freedom than the primary applicant. Other than an S corporation (I think that requires green card under tax laws), you can form any kind of corporation (LLC, etc.), but do check on the State law.
Working abroad while AOS pending
Question details
My self and my wife are on EAD and advance parole. My wife and I are from India.
I have to work in Switzerland on my company business for some time 6 months to a year – would that affect my EAD status in the USA. I would be working for the Swiss branch of my company.The assignment is short term 6-12 months.
This is however not the company with which I started my green card. I changed jobs when I got my EAD.
But I have several questions:
1. Can I even work abroad while on EAD status - short term, i am only talking 6-12 months. if this term is 11 months is that fine? Or do i have to work in the USA only while on EAD?
2. Do I need to maintain substantial presence in the USA while on EAD. And if so what is that term of stay.
3. Updated FAQ: My case is slightly different than the above one. Currently I am on Derivative EAD, which I got through my spouse's company. (I 485 pending and more than 180 days) I was on H1B and I got laid off in March 2009. I am still finding difficult to find a job in the US. I got an offer from a company in Canada. I know that I can work there once I get canadian work permit. My wife (main applicant and EAD holder) will be working for the same company in the US. My question is how often I can come to US with my Advance Parole? will there be any problem if I visit US often? Please advise.
1. An EAD is good to work on US soil only. If you wish to work in a third country, you have to look to their laws for work permissions. You should file an AC21 portability and make sure during your entire stay abroad you have at least your Advance Parole; preferable both your AP and H-1 visa.
2. As long as the permanent job continues to exist, there is no other requirement of presence.
3. I see no problem with visiting USA as often as you like.
Guestbook Entry for Chins Chinnasamy, United States
Name
Chins Chinnasamy
Country
United States
State
Massachusetts
Comment
My family did receive the green card through the extra ordinary ability (EB1) category. We have no words to say for the inspiring, exciting and excellent work done by Rajiv and Diane through the entire process. It took just about 8 months to receive the green card. In each and every step, we met many times through the conference calls with Rajiv and Diane and they explained the process clearly and precisely. Of course, we felt always that someone from our own family guiding us in the entire GC process.
I highly recommend reader's of this testimonial to consult Mr. Khanna's immigration experts for any immigration related legal issues at any time. You will be certainly pleased to find such a great friendly group of people that are well prepared to provide you the service you deserve. I really wondered sometimes that how Rajiv and Diane find time to respond quickly for an individual in addition to deal with the other clients. Dear Rajiv and Diane, our prayers to your whole team for your selfless service to us. In future, any of Rajiv's clients who wants to apply under extraordinary ability can reach me to share my experience.
Compensation for H-1 lay off
Question details
My friend is working for NASDAQ listed company in US. We were in a discussion about the compensation details available for H1B employee if the company does a lay-off and he is affected due to it. He is on end of his 6th year and just got his 7th year extension.
If something like that happen(not that it should happen) but if that happen what are the compensation he is entitled to get from the company, apart from 2 weeks pay.
There is no special protection of compensation under H-1 laws once employment is terminated. Under immigration laws, the employer is required only pay for a one-way ticket back to your home country. The protection, if any, comes from employment contracts.
Guestbook Entry for Ramamurty changalvala, United States
Name
Ramamurty changalvala
Country
United States
State
North Carolina
Comment
I am really glad to have Rajiv as my attorney. It really helped me to get my card within 9 months. Diane is extremely fast and made my job very easy.
DOS Publishes Revised J-1 Visa Exchange Visitor Skills List
Reference Document: STATE 057336, 06/09
TO ALL DIPLOMATIC AND CONSULAR POSTS
1. The revised 2009 J-1 visa Exchange Visitor Skills List was published in the Federal Register (Volume 74, Number 82) on April 30, 2009.
2. The new Skills List is effective on June 28, 2009.
I have got a very professional service from Law Offices of Rajiv Khanna. People are very reactive on the processing steps and helped me through all my process.
Thanks a lot