USCIS and CBP Extend Form I-129 Pilot Program for Canadian L-1 Nonimmigrants
U.S. Citizenship and Immigration Services and the U.S.
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Nov 8, 2018, Recording of Free Community Conference Call (Every Other Thursday)
Immigration.com
Citizenship and Naturalization
Nonimmigrant Visas
Substantial transcription for video
FAQ's
Impact of unlawful presence || Unlawful presence for minors ||How can I downgrade from EB2 to EB3 and the consequences || Traveling abroad while H4 EAD is pending || Filing change of address || Starting business while on student visa || Being without a job on AC21 || Citizenship for employees of consulting companies who have projects in different cities after green card || The new restriction on 12 months of CPT OPT combined – – consequences of H-1B denial on OPT || Not worked for green card sponsoring company – – fraud implication for naturalization/citizenship ||
Other
Applying for a visa || Details of applying for a spouse based green card || Cancellation of visa at the airport || Applying for H1 visa || Quitting green card job after getting green card || quarter exemption scratch that H-1B quota exemption || CSPA || Applying for H4 visa while H one extension is still pending
Visa Bulletin - December 2018
Number 24
Volume X
Washington, D.C
Agency
Green Card
Immigration Law
Impact of Unlawful Presence
Question details
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:
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.
Unlawful Presence for Minors
Question details
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...
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.
When to File Your Adjustment of Status Application for Family-Sponsored or Employment-Based Preference Visas: December 2018
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.
How Can I Downgrade from EB-2 to EB-3 and Consequences
Question details
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
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.
Traveling Abroad While H-4 EAD is Pending
Question details
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?
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.
Filing Change of Address
Question details
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
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 Policy Guidance on NTA
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.
Starting Business While on Student Visa
Question details
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
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.
Being Without a Job on AC21
Question details
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...
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.
Recording of Free Community Conference Call (Every Other Thursday) , November 29, 2018
Immigration.com
Green Card
Substantial transcription for video
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 Clarifies the L-1 One-Year Foreign Employment Requirement
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
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.
H1 VISA stamping experience at Ottawa
State
NY
Email
hnayar@ulbi.com
My status: on H1, visa expiring in September 2007. Rajiv's team applied for my H1 extension and I had I797 approvals till 2010. I had an H4 extension approval done for my wife as well. There is no employer change from first 3 years on H1 to second approval.
Nonimmigrant Visas
Visa Bulletin for April 2015
This bulletin summarizes the availability of immigrant numbers during April. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; U.S. Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status.
Cap Count for H-2B Nonimmigrants as of 02/13/2015
The H-2B Program
The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs.
For more information about the H-2B program, see the link to the left under "H-2B Non-Agricultural Workers."
A P P R O V E D - In Atlanta, GA. Today!
Hey Everyone!
We got approved in Atlanta today. Everything went really well, but anyways I wanted to share my experience with all of you:
Left from Alabama at 7:30 AM. Took us about Two hours to get there.
The DO is a 3 story building with the USCIS logo and name... impressive and yet scary.
We entered they building at 11:23 AM and went through the security (metal detector and x-rays) Make sure you empty your pockets!
Green Card
USCIS to Begin Accepting Requests for Expanded DACA on Feb. 18
U.S. Citizenship and Immigration Services (USCIS) will expand Deferred Action for Childhood Arrivals on Feb. 18, 2015. That will be the first day to request DACA under the revised guidelines established as part of President Obama’s recent anouncements on immigration.
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